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Bail and release from custody
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Bail review and variation
Bail review
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.
Changing the bail conditions
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.
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