Tuesday, April 13, 2010

A bail hearing is not a trial

A debate has recently taken place on line as to what, exactly, is the role of evidence at a bail hearing.

The decision in R v John, [2001] O.J. No. 3396 (SCJ) deals with this issue:‪

56     A bail hearing is not a trial. Nor should this summary proceeding assume the complexities of a trial. The show cause hearing is meant to be expeditious with a degree of flexibility and procedural informality sufficient to protect liberty interests and the security of the public...‬ .

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