How should I prepare for my bail hearing?

4. 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 referred to as grounds of or reasons why 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 of .

To have a reason not to let you out on bail, the Crown only needs to be concerned about one of the grounds of detention.

Before your  begins, the Crown will tell your lawyer which type of risk the Crown is concerned about with you. 

Address the Crown’s concerns

Your lawyer or will help you prepare a bail plan at the courthouse on the day of your .

Your bail plan should explain how you will address the Crown’s concerns about releasing you. It should allow you to return to normal life as much as possible.

This includes things like:

  • 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
  • how you plan on keeping track of your court dates and getting to court
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