When one is charged with a criminal offence in Ontario, part of the legal process is ensuring the accused gets a bail hearing in a timely manner – this is a constitutional right for anyone charged with a criminal offence who is held in custody. The purpose of the bail hearing is obvious but one often overlooked necessity for bail is for the accused and their criminal defence lawyer to have meaningful opportunities to meet and to prepare their defence to their criminal charges.
The court does not always grant bail, however. There are certain considerations that the court will consider when determining whether the accused should be released from custody or remain in custody for the duration of their criminal proceeding. Some of the more common reasons why bail may not be granted could include, but are not be limited to:
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