Nov 21
When you are charged with murder or another section 469 Criminal Code offence, you are deemed detained in custody until you bring a bail application in the Superior Court of Justice. The Application will set out the potential sureties and the bail plan that the Court will need to consider when deciding whether to release someone on bail for murder.
Where Does a Murder Bail Take Place?
All murder bail hearings occur in the Superior Court of Justice. So, if you are charged in Toronto for murder, your bail hearing will happen at the Superior Court of Justice at 361 University Avenue in Toronto.
Who Will Decide Whether to Grant Bail?
Since the bail hearing occurs in the Superior Court of Justice, a judge of the Superior Court will hear the bail hearing application.
What is Required for a Murder Bail?
A bail for a s. 469 offence requires the accused person to file an application for judicial interim release. The application will include a Notice of Application, surety affidavits, the accused’s affidavit, a release plan, and other materials that the accused would like the judge to consider during the bail hearing.
Since murder is the most serious charge in the Criminal Code, a strict release plan will be required. A release plan will include multiple sureties, 24-hour supervision, house arrest with the assistance of electronic monitoring. The sureties are typically required to pledge substantial sums of money to secure the release of their loved ones on judicial interim release when they are charged with murder.
What Will the Judge Consider During a Murder Bail?
Although a murder bail is more serious and more complex than other bail hearings, the bail hearing and the judge’s consideration is like all other bail hearings. During the hearing, the judge will hear the facts and supporting evidence, listen to the sureties testify, and listen to submissions from counsel. The judge will then consider the primary, secondary, and tertiary grounds to determine whether the accused (the applicant) has shown cause why they should be released on bail.
One of the differences between a murder bail and another bail hearing would be the importance of the strength of the Crown’s case. Murder carries with it a life sentence and therefore is the most serious criminal charge. The strength of the Crown’s case will play a crucial role in the judge’s determination. Release is less likely if the Crown’s case is strong. Your chances of judicial interim release will be more likely if the Crown’s case is not particularly strong.
Murder Bail Lawyers?
The lawyers of Lockyer Zaduk Zeeh have immense experience representing people charged with murder. We have secured judicial interim released for people charged with murder while they await their trial, or while they await their appeal. We understand how fundamental freedom is to everyone so we work diligently to ensure our clients are released on bail so they can properly fight their criminal case.
If you are looking for an experienced murder lawyer, contact Lockyer Zaduk Zeeh at 416-613-0416 or info@defence.ca to schedule a consultation to discuss your case. We regularly represent people charged with murder during their trial or on appeal. We have a track record of securing favourable results for individuals charged with murder.
