Bail Hearing in Calgary: How Bail Works
If you are reading about bail, it is most likely because someone you care about has been arrested and taken into custody, or you have an upcoming date from the police and want to know what to expect. Bail may also be referred to as “Judicial Interim Release.” Both terms refer to the temporary release of an accused person while their charges progress through the court system.
The bail process is one of the most fundamental steps in the criminal process. Whether you or someone dear to you is released, and the conditions of that release, will set the stage for the rest of the proceedings.
How do I get myself or a loved one out on bail for charges in Calgary?
If you have been charged, it is not uncommon for police to release you at the scene on a release order. Police will provide you with a Promise to Appear document outlining your charges, and any required appearances you must make. This document may also include conditions that you are required to follow while on release.
However, a formal bail hearing may be required to secure your release, particularly if you have a criminal record, or if the allegations are more serious.
In order to conduct a bail hearing, you will be transferred from the district office to the Spyhill Services Centre. The bail hearing must be held within 24 hours, a period that starts from the moment of arrest or detention rather than the time when you are brought to the Centre. Although for many years the Centre was located downtown Calgary, it is now situated in the deep North West of Calgary, which makes getting home after being released far more difficult for many people.
The exact address of the Centre is as follows:
Spyhill Services Centre
12500 85th Street, N.W.
Tel: 403-428-3400
Loved ones are not able to contact you while you are detained. The police will not release any information to friends or family due to privacy laws. Your lawyer is the only person allowed to contact you. Once the police have verified your lawyer’s details, they will pass on information about your whereabouts, if requested.
Because of these difficulties, while you are held in custody, it is best to appoint a competent defence lawyer as soon as possible to manage the legal processes and communicate with loved ones. After an arrest, the police must provide you with the opportunity to call a lawyer in private and, if that happens, stop questioning you.
Once you retain one of our experienced criminal defence lawyers, we will begin working to secure your release on bail.
We will immediately do the following:
- Call in to the Spyhill Services Centre in Calgary and speak to you.
- Contact the Prosecutor assigned to the bail hearing to start negotiating your release.
- Order and secure a copy of the police information package that details the allegations against you in advance of the bail hearing. This allows the lawyer to make meaningful representations to the Court about why you should be released on bail.
- Conduct either an in-person or teleconference bail hearing to secure your release.
When you attend your bail hearing, the Judge will consider the following factors:
- Is detention necessary to secure your attendance in court?
- Is detention necessary to protect the public from a substantial risk of re-offence?
- Is detention necessary in all the circumstances to maintain confidence in the administration of justice?
Although it is unlikely that you will be denied bail for this type of charge, tight restrictions may nevertheless be applied to your release.
Rest assured, we will work to not only secure your release but also to ensure the least restrictive set of bail conditions (including the minimum cash deposit).
In order for our lawyers to secure less stringent conditions, the Judge will need to be satisfied that you will attend court as required and that you pose no significant risk of harm to the public. This may sometimes be difficult as the Judge may be hesitant to release you due to concerns with your willingness to obey release conditions, but it is not impossible.
Our lawyers are often successful at persuading the Crown Prosecutor in charge of bail to let our clients out. If we can’t convince the Prosecutor, we can conduct a formal bail hearing and work to convince the Court. Even if you are ultimately detained, we can appeal that decision on very short notice through a bail review, which is conducted at the Court of Queen’s Bench of Alberta.
Where can I pay for bail charges in Calgary?
If you or a loved one is charged in Calgary and granted bail, you may be required to provide a cash deposit to secure release. The cash deposit can be paid at any bail hearing office (courthouse) in Alberta. If you live in Edmonton, you can pay bail there for someone detained in Calgary.
Bail hearing offices in Calgary are open 24 hours a day, seven days a week.
The contact details of the bail hearing office at the Calgary Courts Centre are as follows:
Calgary Courts Centre
601 5th Street SW
Tel: 403-297-4444
You can also make a bail payment at the Calgary Remand Centre prior to 8:30 pm.
The contact details for the Calgary Remand Centre are as follows:
Calgary Remand Centre
12200 85 Street NW
Tel: 403-695-2100
To pay your own bail, you can make a payment after your hearing, assuming you have sufficient funds with you to do so.
How do I change my release conditions?
Release on bail may include restrictions that impact your day-to-day life.
This could include conditions to refrain from:
- Staying out beyond a certain time (i.e. curfew),
- Breaking any laws,
- Using drugs or alcohol,
- Possessing weapons,
- Leaving your house (i.e. house arrest),
- Visiting certain places, and/or
- Travelling.
The Judge may also impose some additional conditions such as:
- Residing where approved,
- Reporting to probation,
- Attending counselling, and/or
- Maintaining or seeking employment.
A variety of factors will be considered when determining your precise restrictions, including:
- Your criminal history,
- Your physical and mental condition,
- The nature of the alleged obstruction,
- The likelihood that you will flee,
- Your history of drug/alcohol usage,
- Whether you have stable employment,
- Whether you have stable living arrangements, and
- Whether you have ties to the community.
If you have already been released, at least for the short term, it is critical that you make arrangements to abide by your conditions until they can be changed. Breaching the terms of your release can result in further charges or revocation of your bail, as well as a forfeiture of any cash paid to secure your release. It is important to take these conditions seriously.
Once the matter is in court, we can work with the Crown Prosecutor to alter your conditions. This includes either adding exceptions to some of the conditions or eliminating them altogether.
If your court date is far away and you cannot wait until then, we can arrange to have the matter dealt with sooner. Our first priority is always to stabilize your release conditions. That way, you will not feel pressured to plead guilty because of the restrictive terms of your release. Once the conditions are manageable and minimally intrusive to your daily routine, we can focus 100% of our attention on defending the case.
Types of Release
There are several forms of release available to the police and the court.
The most common types are:
- Appearance Notices;
- Undertakings; and
- Release Orders.
Your circumstances and the type of offence you are charged with will likely dictate the manner in which the police will proceed. For more information on the three forms of release, and their accompanying conditions, please see the general Bail Hearing FAQ.
Factors Considered at a Bail Hearing
The factors considered at a bail hearing in Calgary come from section 515(10) of the Criminal Code of Canada (the “Code”). As the Code is federal legislation, these factors apply in Calgary and Canada-wide.
These factors include considering whether detention is required to ensure your attendance in court, whether you are likely to commit further crimes or endanger the public, and lastly, whether granting you bail will cause a loss of faith in the administration of justice.
How a Criminal Lawyer Can Help You Get Released Faster
Our team of Calgary criminal defence lawyers have conducted countless bail hearings in front of justices of the peace, provincial court judges, and the Court of King’s Bench of Alberta.
For more information on how we can help, please see the general Bail Hearing FAQ or contact our Calgary office today to speak to an experienced criminal defence lawyer.
What’s Next?
We encourage you to check out the various other bail hearing FAQs below to learn more about this process. However, as bail is highly case-specific, it is important to consult one of our dedicated criminal lawyers to discuss the specific circumstances of your case as soon as possible.
