Aug 08

Schedule a consultation with Lockyer Zaduk Zeeh, by calling our office at 416-613-0416 or by e-mailing us at Lockyer Zaduk Zeeh is experienced at conducting bail reviews and have represented clients across Ontario seeking bail reviews.

What is a 90-Day Review?

Section 525 of the Criminal Code stipulates that when in custody, an accused person is entitled to have their detention reviewed after 90 days. Under that framework, the purpose of s. 525 hearing is to prevent accused persons from languishing in pre-trial custody and to be a safeguard for those individuals from remaining in custody too long. A 90-day review gives responsibility to the reviewing judge to consider whether the continued detention of the accused is justified.

When determining whether the continued detention is justified, the Court identified some factors that the reviewing judge may consider: any new evidence or change in the circumstances of the accused, the impact of the passage of time and any unreasonable delay on the proportionality of the detention and the rationale offered for the original detention order.

The Supreme Court of Canada in R. v. Myers also noted important guidelines. Firstly, the Court held that if the accused has not had a bail hearing by the time the s. 525 hearing takes place, it is for the reviewing judge to hold a bail hearing. The Court also described a residual discretion on the part of the reviewing judge, where a person’s detention continues, to taking steps to try and expedite the trial or related proceedings.