A bail review is an appeal of an original bail decision and a new bail hearing that happens at the same time in the Superior Court of Justice. A judge in the Superior Court decides if you're eligible for a bail review. Then the judge decides if your original bail decision should be changed.
You can apply for a bail review if:
- you were denied bail at your original bail hearing, or
- the Crown does not agree with a change you want to make to a condition of your bail.
To be eligible for a bail review, you must be able to show that:
- an error of law was made during your original bail hearing, or
- there has been a material change in your circumstances.
A material change in circumstances is a big change in your life that makes your plan of release more suitable. For example, you may have someone who will be a surety for you now who was not able to before.