30
Mar
2021

Primary Factors Affecting Bail Eligibility in BC

March 30th, 2021 in Criminal Law FAQs
Primary Factors Affecting Bail Eligibility in BC

When the police keep someone in custody, they must take you before a judge as soon as possible for a bail hearing. The suspect may be required to appear in person or by telephone. In some situations in British Columbia, the bail hearing may be delayed for a few days.

In the hearing of the case, the judge decides if the suspect should be kept in custody until trial. The judge keeps someone in custody if the following is necessary. These include:

  • To make sure that an individual shows up at the court hearings.
  • For public safety and protection.
  • To maintain a high level of confidence in the pursuit of justice.

In Canada, the most important consideration here is that an accused should be released until a court date is set unless there is a compelling reason why the accused should not be released. If the judge releases you from custody, there may be some requirements that must be met. This is determined on a case-by-case basis.

The accused may have to pay a fee, deposit money with the court, or have someone else guarantee (with money) that you will show up for your court proceeding, to cite a few examples.

If the accused is Aboriginal, judges take special care to ensure they are being treated fairly since they belong to vulnerable populations overrepresented in the criminal court system. There are also some specific offences for which one is normally denied bail, unless one can demonstrate special justification to receive bail.

Michael Bloom is a very experienced criminal defence lawyer, who started his career as a Crown Prosecutor.

If you have any questions about this article or would like to schedule a free consultation with Mr. Bloom, please call his office at (604) 603-5513 or Toll-Free at (877) 603-5513.


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