Regardless of what you are charged with and of whether the onus is on you or the prosecution, the Court will have to consider three grounds for detention when determining whether you should be detained pending your trial:

1) Detention is necessary to ensure attendance in court

2) Detention is necessary to prevent from another offence being committed

3) Detention is necessary to maintain confidence in the administration of justice, having regard, in particular, to the seriousness of the charge and the strength of the case

Generally, it is the Crown who must satisfy the onus to prove beyond a reasonable doubt that you should be detained on one or more of these grounds. If the Crown cannot prove that your detention is necessary, the Court will release you on a form of release that is necessary to ensure all three grounds are addressed. However, in some circumstances, such as if you are charged with a more serious offence, particularly if you are charged with murder, it will be incumbent on you or your criminal defence lawyer to persuade the Court that you should be released – this is a called a “reverse onus” bail hearing, where the onus falls on you to prove that your detention is not necessary on a balance of probabilities. If you are charged with murder, you will not get a bail hearing unless you or your criminal defence lawyer make a formal application to the Superior Court of Justice. As to the bail conditions of release, if you’re employed, it is important to ensure that any curfew or restraining order interferes as little as possible with your work. If you struggle with substance abuse, a condition that prevents you from consuming that substance altogether may just be setting you up for failure. For these reasons, before you agree to any conditions of bail, it is crucial to retain a criminal defence lawyer who can advocate on your behalf to ensure that your bail conditions are fair and in your best interest.