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What are My Options if I am Detained After a Bail Hearing?
The most common option is a bail review, but the Criminal Code provides several other options if you are detained after your bail hearing.
Section 525 of the Criminal Code (Myers Review)
The Criminal Code mandates a review of a detention order in respect of a non-section 469 offence when the accused’s trial is delayed. After 90 days from your detention order, Section 525 allows you to be brought before the court to determine if your detention is still required.
Bail Hearing at the End of your Preliminary Hearing
If the accused is ordered to stand trial after a preliminary inquiry, and is not charged with a section 469 offence the presiding justice or judge, pursuant to s. 523(2)(b), may vacate any bail order previously made “on cause being shown” and “make any other order [. . .] for the detention or release of the accused until his trial is completed” that the justice “considers to be warranted.”
Section 523(2)(c) of the Criminal Code provides a mechanism by which the accused’s bail status may be altered on the consent of the parties. If the accused and the Crown consent, this section grants considerable flexibility to vary any aspect of an existing bail order. For example, the parties may agree to the accused’s release or detention; vary the form of release; change a surety; increase or decrease the amount pledged; or remove, add, or change a condition of release.