Bail is a crucial aspect of Canada's justice system, allowing individuals accused of a crime to be released from custody while they await trial. However, not everyone is granted bail. In some cases, a judge may refuse bail, which can have significant consequences for the accused person. This blog will help you explore what are the some common reasons for bail refusals in Canada.
What are the common reasons for a bail refusal?
The most common reasons for a bail refusal are listed below:
1. Seriousness of the offence: If the accused is charged with a violent or sexual offence, for example, the judge may consider them a danger to the community and refuse bail. Similarly, if the accused is charged with a serious offence that carries a lengthy prison sentence, the judge may believe that they are a flight risk and refuse bail.
2. Criminal history of the accused: A judge may also refuse bail if the accused has a history of criminal activity. If the accused has a record of failing to appear in court, or if they have been convicted of similar offences in the past, the judge may consider them a flight risk and refuse bail.
3. Risk of reoffending: Another factor that judges consider when deciding on bail is the risk of the accused reoffending if released. If the judge believes that there is a high risk that the accused will commit another offence if released, they may refuse bail.
4. Failure to comply with court orders: If the accused has failed to comply with court orders in the past, such as failing to appear in court or violating a previous bail condition, the judge may refuse bail.
5. Public safety concerns: If the judge believes that releasing the accused on bail would pose a risk to public safety, they may refuse bail. For example, if the accused is alleged to have threatened or intimidated a witness, the judge may believe that they are a danger to the community and refuse bail.
6. Flight risk: Finally, judges may refuse bail if they believe that the accused is a flight risk. This means that the judge believes that the accused is likely to flee the jurisdiction to avoid prosecution. Factors that may lead a judge to consider someone a flight risk include ties to other countries, access to large amounts of money, and a lack of roots in the community.
How to improve your chances of getting bail?
If you or a loved one is facing criminal charges in Canada, it's important to understand the factors that judges consider when deciding on bail. If any of these factors apply to your case, it may be more difficult to obtain bail.
However, our team at Salloum & Company can help you present your case in the best possible light and increase your chances of being granted bail. If you need legal advice or representation, don't hesitate to contact us to discuss your case at length.