Bail Burnaby


What is Conditional Release or Bail?

Bail is published consent from a court, permitting an individual arrested for a criminal offence to be out of prison while they await their hearing, or other result in their case (including a guilty plea or withdrawal of their charges).

What Takes Place at a Bail Hearing?

The Crown presents the allegations to the court. In some cases, the Crown will present the allegations by calling a witness (or witnesses) to testify in court.

The accused's lawyer (or duty counsel) does this by having the accused or a potential surety (or both) testify. The accused's lawyer will try to convince the court that, if released on bail, the accused will obey their bail conditions, either on their own or with the assistance of a surety (or sureties) to supervise them.

When both sides are concluded offering their evidence, they make assertions to the judge or magistrate. The judge then makes a decision to either discharge the accused on bail or keep them incarcerated while they wait for their trial or other outcome (like a guilty plea or a withdrawal of their charges).