In many cases individuals charged with criminal offences will be released by the police following their arrest, upon making a promise to appear at a scheduled court date. In other cases the police will make a decision to detain an individual and hold them in custody until their first court appearance. In such cases the accused person is entitled to a bail hearing where their detention will be reviewed and a decision will be made as to whether they should be released or remain in custody until their trial date. The detained individual is entitled to a bail hearing within 24 hours of their arrest.

A Justice of the Peace (commonly referred to as a ‘JP’) will preside over the bail hearing. In most cases the Crown attorney will have the legal onus of establishing why the accused should be detained. In reality, it is often up to the accused to show the court why he or she should be released. more... See more text