Impaired Driving
Defence

Bail and release from custody

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Bail review and variation

• Bail review
• Changing the bail conditions

If an accused is detained at a bail hearing, he may apply to a higher court for a review of the detention order. It can take a week or longer to convene a bail review as the detainee nearly always has to first obtain a copy of the transcript of proceedings from the bail hearing. The Crown can apply to a higher court for review of an order releasing the accused.

The court can vary the conditions of release if the prosecutor consents. In domestic assault cases, the accused frequently seeks to delete the no-contact condition which keeps him separated from his family and compels him to take up residence outside the family home. As a matter of policy, the Crown generally will not consent to such a change. The accused's only recourse is thus a bail review. Often, an accused will plead guilty just to quicken his return home.

Disclaimer: The material on this site is not intended as legal advice. It merely conveys general information on legal issues commonly encountered by persons facing criminal charges in Canada. If you are charged with an offence, you should contact a criminal lawyer.