Can I have another bail hearing if I lose my first one?

Your bail hearing is a very important step in the criminal court process. You only get one bail hearing in the Ontario Court of Justice. If you are denied bail, you will stay in custody until your case is resolved, goes to trial, or you're released after a bail review in the Superior Court of Justice.

It is important for you and your lawyer to be well prepared for your original bail hearing in the Ontario Court of Justice. This can help you avoid the unnecessary delay and cost of a bail review.

Bail review

A bail review is an appeal of the original order to detain you or release you with conditions, combined with a new bail hearing. You do not have an automatic right to another bail hearing. The court will decide to allow the new bail hearing if your application meets the requirements for bail review.

Your application must explain why you want a bail review. You must show that:

• there has been a material change in circumstances, or
• an error in law was made during your original bail hearing.

A material change in circumstance is a significant change in your life that makes your bail plan more suitable. For example, you may have a new person willing to be a surety, or outstanding charges against you were resolved.

A bail review costs a lot of money and takes a lot of time. In order to apply for a bail review, you must:

• order transcripts of your original bail hearing
• give a Notice of Application to the Crown
• go to the Superior Court of Justice to give evidence, and ask for an order that you be released on bail