Bail Review

If an accused person has had a bail hearing, and has been detained by the Justice of the Peace, it may be available for the accused to have a bail review. This is a hearing, usually before the Superior Court of Justice, to review the original detention order. It is not a new bail hearing. It is more like an appeal of the decision to deny the accused person bail.

There are two grounds upon which a bail review would be successful.

The first would be upon the accused person showing that the detaining Justice made an error in law in denying bail. This could be as a result of a misapplication of legal principles, a misinterpretation of the facts supporting a detention or a misapplication of the onus of proof.




The second ground for allowing the review would be the existence of a change of circumstances. This could be the availability of a strong residential surety who was not available for consideration at the time of the original bail hearing.

If the reviewing Justice grants the application, then he would order a release upon those conditions that he thought appropriate in the circumstances of the case. If a review is denied, a further review cannot be brought for at least 30 days.


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