Lexis Nexis A Practitioner’s Guide To Preparing and Presenting Bail Hearings
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Product description
This step-by-step guide on conducting bail hearings offers the insight and practical advice that is sure to make it an indispensable addition to every criminal defense practitioner’s bookshelf.
Written by an experienced and committed criminal defense lawyer, A Practitioner’s Guide to Preparing and Presenting Bail Hearings takes the reader through every stage of the bail hearing process, from the initial meeting with the client to the final decision of the court. It features a special Foreword by the Honourable Clayton J. Conlan, Judge of the Ontario Superior Court of Justice.
Written with a casual and engaging tone – and peppered with personal anecdotes – this book succeeds in being both an easy read and an invaluable resource. Topics covered include preparing your client, dealing with sureties, negotiating with the Crown and understanding the roles of the different people in the courtroom. At the end of each chapter, a “top tips” section summarizes the most important and relevant points and is easily accessible by practitioners before and during a bail proceeding.
A handy reference
A Practitioner’s Guide to Preparing and Presenting Bail Hearings will be useful for all criminal lawyers, especially articling students in criminal law and new criminal lawyers who are often charged with handling bail hearings, but are given little guidance about how to best approach the process. This volume will also be helpful for law students as well as students in the Law Practice Program at Ryerson University as it provides insight into bail hearings in general and how to conduct them successfully. In addition, it would be a valuable addition to law libraries.
Table of contents
Foreword – The Honourable Clayton J. Conlan, Judge of the Ontario Superior Court of Justice & Deputy Judge of the Nunavut Court of Justice
About the Author
Chapter 1: The client
1. Client out of custody
2. Client in custody
3. Contact by third party
4. Top tips for Chapter 1
Chapter 2: The role and duties of sureties
1. Responsibilities of sureties
2. How to prepare sureties to give evidence in a bail hearing
3. Lawyer’s responsibilities toward sureties
4. Named surety vs. general surety release
5. Administrative points
6. Top tips for Chapter 2
Chapter 3: Negotiating with the Crown
1. Provincial versus federal charges
2. Arriving early
3. Civility
4. Factors that will impact whether the Crown will have your client’s file
5. Consent release vs. contested bail
6. Where and how to locate the Crown
7. Other facts about negotiating with the Crown
8. Top tips for Chapter 3
Chapter 4: Bail explained: Section 515 of the Criminal Code
1. Section 515 of the Criminal Code
2. Relevant case law
3. Top tips for Chapter 4
Chapter 5: Consent release versus contested bail
1. Consent release
2. Contested bail
3. Typical bail conditions for various offences
4. Know your facts
5. Top tips for Chapter 5
Chapter 6: Special bail hearings
1. Time estimate
2. Teleconference with Justice of the Peace
3. Trial coordinator
4. Other considerations
5. Before the bail hearing
6. The hearing
7. Special tips from experienced Crown attorneys
8. Top tips for Chapter 6
Chapter 7: Breach of bail
1. What to do before a breach occurs
2. Most common types of breach
3. What happens after the breach?
4. The bail hearing
5. Other special considerations
6. Top tips for Chapter 7
Chapter 8: Bail review
1. Order the information or indictment
2. Order the transcripts
3. Grounds for the bail review
4. Affidavit of the applicant
5. Affidavit of the surety
6. Book of Authorities
7. Service and filing
8. Judge’s order
9. Prior to the hearing
10. Day of the bail hearing
11. Top tips for Chapter 8
Chapter 9: Bail pending appeal: Ontario Court of Appeal
1. Are you the right lawyer for the job?
2. After conviction
3. Transcripts
4. Notice of Appeal
5. Service and filing
6. Bail pending appeal application
7. The bail pending appeal hearing
8. Top tips for Chapter 9
Chapter 10: Who is who and court decorum
1. Justice of the Peace
2. Judge
3. Court clerk
4. Court reporter
5. Crown
6. Duty counsel
7. Prisoner’s dock
8. Body of the court
9. Cells
10. Court officers
11. A note on bail for female offenders
12. Top tips for Chapter 10
Chapter 11: Bail and access to justice
1. The role of Legal Aid Ontario
2. The bail program
3. Mental health and addiction
4. Final thoughts on access to justice in bail court
5. Top tips for Chapter 11
