Bail review due to delay until trial

Note, if there should be a review because of delay to trial then it makes sense to consider time to trial when setting bail.

Smith, [2003] A.J. No. 1049:‪‪

‪‪6.  Failure to take into account the length of time an accused will be in jail pending his trial‬...

43     ...In any event, the time he has already served is great relative to any sentence that would be imposed even if were convicted. These are factors which a judge must consider in determining whether an accused should be released on bail.‬  

Anderson, [2004] O.J. No. 5629 (SCJ, Macdonald J):‪

5     I take into account that...I think counsel is likely correct that that period of time in jail is more than he is likely to receive by way of sentence if he should be convicted on the four counts arising from the events of November 4th.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4

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