Bail

Bail, also known as speaking to interim judicial release, is necessary when the Crown seeks to hold an accused person in custody.

This is one of three grounds; in other words, the Crown has three reasons to hold somebody.

 1.      The Primary Grounds: this essentially means that the Crown argues that the Accused person is not going to show up in Court.

 2.      The Secondary Grounds: this has to do with the danger to the public and risk of re-offence. The Crown argues that the accused person should not be released from custody because the accused will not, based on their past, obey their bail conditions, or that the accused is a continuing danger to the public or risk to reoffend if released from custody.

 3.      The Tertiary Grounds: this has to do with the administration of justice, and if the release of the accused person would affect the public confidence in it. Things to be considered here include the strength of the Crown’s case, and the seriousness of the offence, including if there is a firearm alleged.

Of course, the burden is on the Crown to prove to a Court that these grounds both exist and are serious enough to keep somebody in custody. But if the accused has already been out on bail and has allegedly committed fresh offences while out on bail, the burden shifts to the accused person to show why he or she should be released.

Typically, there are a number of ways in which an accused person can show they should be let out. The Supreme Court has laid out a “bail ladder” of conditions and increasing levels of commitments an accused person can show as a bail plan to demonstrate that they can be released and address any concerns on the three grounds. These commitments include no-cash promises, surety bails (where somebody agrees to take responsibility for an accused), or cash bails.  

Axon Law would be pleased to help you craft a bail plan, attack the apparent
strength of the Crown’s case, and advocate for your release.

Contact us today to obtain assistance or you can use the convenient E-Form below.  Someone will respond to you promptly.