The idea of imprisonment is ancient, but it’s customary and endorsed as the highest punishment after the death penalty.
Imagine, a person isn’t possibly going to have fresh air, but the same bed and couple of hours within a confined ground, it’s the same routine every day.
It’s no less for a person who is charged and temporarily behind bars. Especially if it’s for the first time. Fear and uncertainty can weaken all their spirit within seconds.
An awaited bail works as a solace then. So, what does bail means? Let’s know together.
What is a Bail? What does it mean to a criminal?
Suppose police have a charge against a person or and they are arrested. Soon s/he will attend before the court for the trial. In that case, an amount of money can be taken from the accused party, and they’re released. The same is true if you go to jail for not paying child support in Canada
But, it’s only on the condition they have to attend the trial or the money will be lost. The amount of money is called bail.
The definition is quite easy, and it shows the corridor to more and more questions and adjacent questions.
Remember, bail means ‘not permanent release’ but a ‘temporary’ release. So, what happens to the claim by the police if a person gets bail and doesn’t attend court? The money will be lost anyway.
But, before going into this question’s answer, let’s know the different types of bail.
What are the different types of bail in Canada?
Bail-in Bailable offences
This bail is, in general, allowed for the detention by an officer without any warrant. The offence has to be under the category ‘bailable’. And it’s the right of the detainee to get bail.
Bail-in Non-Bailable Offences
By definition, the accused person cannot get bail after a non-bailable offence. But, it can be granted upon consideration that the person was not associated with the crime.
It is also possible when the criminal act is not as severe as to be sentenced to life imprisonment or death.
Anticipatory Bail
Often a person or the lawyer on behalf of them anticipates an arrest. And they obtain bail. In that case, it is called anticipatory bail. So, it’s not a post-detention application but prior to the event, which is apparently inevitable.
After an anticipatory bail, the police cannot arrest the person.
Apart from the bails mentioned above, you might be heard of Regular Bail, Interim Bail, Transit Bail, etc.
What happens at a typical bail hearing?
After an arrest, with or without bail, a person must attend court. The session is like a mini-trial. There the judge discloses their decision on the person. That’s called a bail hearing.
By the way, a trial means presenting the facts and figures to the jury. The documents and records ultimately define if the defendant is innocent or guilty.
At a bail hearing
Initially, the defendant stands before the justice of the peace or the judge. This first appearance can be taken place through video or teleconferencing. The person accused can speak on their side by himself, or the lawyer can talk on their behalf.
After the bail hearing, one of the 3 things is the result.
- The person is released
- They’re taken to a detention
- The case is adjourned until the next session (without bail)
Each day for 365 days, everyday trials take place. It’s so that a person can have a hearing within 24 hours after being brought to detention. And the trial time is between 8 am to zero hours.
What are the bail release outcomes for a typical prisoner?
There are many options for the justice of the peace and the judge while releasing a person on bail.
Undertaking without conditions
The bailed person has to be present at the court whenever the court calls them.
Undertaking with conditions
The person has to attend the court upon being called. Apart from that, there are some restrictions on their freedom. For example, there could be restrictions in meeting some specific person.
Recognizance
The bail is provided on 2 conditions, and the person has to sign on their bail to acknowledge-
- The respective person will follow the conditions set by the judge, and
- Promise to set an amount of money as security.
The sign suggests that they have to pay the amount of money mentioned unless being unable to follow the bail’s conditions.
Surety recognizance
Someone else also can take the responsibility to supervise the bailed person according to the court and pay the money. In the event of not following the conditions, that person will have to carry the fine.
Bail Jumping: Failing to Make a Required Court Appearance
Remember, we had an obvious question about bail and then being absent. Well, that’s not just a theory. Some may have problems preventing them from keeping the promise to be present when it’s a call. The court has considerations for that.
But what about the real criminals? Yes, bail jumping has something big in return. If you’re even innocent and tried for something like that, you better be ready to be surprised. So, what are the consequences?
Maybe a warrant by the court
Paying the bail money doesn’t mean you’re a free bird. And, you must follow the rules afterward set by the court. Fleeing will cause a warrant on your name. That’s worse than the charge in you previously, which’s not void.
A harsher sentence
Catching a bail jumper will land them back in jail again and then attend court hearings. Naturally, things will be more complicated with strict punishment, and the court won’t consider it normal state to reduce the charges.
Additional charges
Where bail is a right and sometimes a favour, breaking it will turn into something more significant enough to make you regret it.
Isn’t it wise to follow the rules while you’ve paid for the bail? The law accepted your application and let you be free until the case has any settlement. So, you must abide by what you’re supposed to do. It’ll certainly bring something positive further that’s on your side.
Refund of Bail: Do you get the bail money back?
It’s not that the bail money is paid for good. Once the case is settled along with the fulfillment of the conditions, the money given for bail is returned.
Final Words
It was all about what does bail means. The topic is a manifestation of the effort by the law to ensure justice and upkeep it.
The more ideas people have about law, the more we can expect loyal and responsible citizens to the country. Because, in the end, education and discipline propel the development and prevent illicit acts.
If you think you’ve learned something valuable today, share it with your close ones. You know, sometimes sharing knowledge works more effectively than advice.
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