Bail Review
If bail was denied or conditions are too restrictive, a bail review allows you to challenge the decision in a higher court.
What is a bail review?
A bail review (also called a bail variation or s.520/521 review) allows either the accused or the Crown to apply to the Superior Court of Justice to review a bail decision made at the Ontario Court of Justice. If bail was denied, the accused can apply for release. If bail was granted, the Crown can seek detention or stricter conditions.
Grounds for a bail review
A bail review is not simply a re-hearing. You generally need to establish one of the following:
-
1
Error of law or jurisdiction — the original JP made a legal error in applying the bail provisions
-
2
Change in circumstances — new information exists that was not before the court at the original hearing
-
3
Unreasonable decision — the original decision was clearly unreasonable on the evidence presented
How long does a bail review take?
A bail review must be filed promptly. The Superior Court can hear the application relatively quickly — sometimes within days if the accused is in custody. The court will review a transcript of the original hearing and consider any new evidence or arguments.
You need a lawyer for a bail review
Bail reviews are complex Superior Court applications that require an experienced criminal lawyer. The grounds are narrow and the process is technical. Contact a bail lawyer immediately if bail was denied.