3. Complete an application for a bail review

You need three things to complete an application for a bail review:

• Notice of Application
• transcripts of your original bail hearing
• affidavits from you and your surety

Notice of Application

In your Notice of Application, you must say the date that you want to have your bail review hearing. You must give the Crown your Notice of Application, transcripts, and affidavits at least 2 days before the hearing date.

Sometimes the Crown will agree to change your conditions after they review your application.

If the Crown doesn't agree, you'll have a hearing with a judge. To succeed at the hearing, you must first convince the judge that one of these things happened:

• There has been a material change in circumstance since your original bail hearing. A material change is a change that affects your bail. For example a change in your work schedule or a new person willing to be your surety.

or

• There was an error of law during your original bail hearing. An error of law is legal mistake. For example, the judge forgot to think about a certain section of the law.

If the judge agrees that there was a material change or an error of law, then you must still convince the judge that the changes you want are still a good bail plan.

Transcripts

To get transcripts of your original bail hearing, contact the court reporters at the courthouse where you had your original bail hearing.

Transcripts can cost a lot of money. The cost of a transcript depends on how many pages it is. A transcript of a 1-hour bail hearing will probably be about 45 pages long. Each page costs a minimum of $4.30. So a transcript of a 1-hour bail hearing might cost around $190.

It can take a week or more to get your transcripts. If want to get the transcripts sooner, you have to pay a higher fee.

Bring the following information when you order your transcripts:

• the date of your original bail hearing
• the name of the justice of the peace at your bail hearing
• the courtroom and courthouse of your bail hearing

Affidavits

An affidavit is a written statement about how your circumstances have changed, and the bail conditions you want to change. It's usually best to include affidavits from you and your surety.

You must sign your affidavit in front of a commissioner or a lawyer. Before you sign the affidavit, you must promise the commissioner or lawyer that everything in the affidavit is true. To find a commissioner, ask your local courthouse.