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3. Prepare your bail plan

Think about the Crown’s concerns

The Crown may be concerned about the risks of letting you out on . These risks are called grounds of detention. Grounds of detention are reasons that you should not be let out on bail.

The Crown considers 3 grounds of detention:

  • primary – you may not go to court when required
  • secondary – you may commit another crime, or the public may not be safe while you're out on bail
  • tertiary – because of the circumstances of your , the public might feel that the justice system is not working if you're let out on bail

Before your  begins, the Crown will tell your lawyer or what ground they are concerned about. They only need to be concerned about one of the grounds of detention to argue that you should not get bail.

Address the Crown’s concerns

Your lawyer or duty counsel will help you prepare a bail plan to present on the day of your bail hearing.

Your bail plan must explain how you will address the Crown's concerns about releasing you. Your plan could include:

  • where you will be living
  • how you will be supervised in the community
  • who is available to help supervise you
  • what release conditions would be reasonable and necessary
  • information about your job or any courses you're taking
  • how you will address any drug use, or alcohol issues that were involved in the offence you've been charged with, if any
  • how you plan to keep track of your court dates and get to court