criminal law bail hearing

A bail hearing is a judicial proceeding where the court determines if a person charged with a criminal offence should be released on bail and trusted to make any and all required court appearances up to and including a trial. This classification can include bail hearings for all offences, bail revocation hearings, bail reviews, bail variations and bail estreatment hearings.

If the court determines that there is no reason to believe the accused person will fail to show up for court appearances and that the accused is not likely to re-offend while on bail, it must release the accused subject to whatever terms and conditions are deemed appropriate in the circumstances.

Those conditions can require an accused to maintain a specific address, report to the police or not have contact with victims and witnesses. In addition, the court may require that one or more sureties pledge some assets or cash to act as assurance that the accused will comply with the conditions of release. The surety is effectively a ‘jailor’ out of jail and has control over the accused and is held accountable for any breaches of conditions that the accused may commit while release to their care/custody.

The best way to approach the situation, understand your rights and formulate a winning defence is to speak to a lawyer who has knowledge and experience in the areas that most affect you.

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