A detention review is a legal procedure in Canada that gives individuals held in custody before trial the opportunity to challenge their continued detention and apply for release. If you or someone you know has been denied bail or has remained in custody without a release, a detention review may be a crucial step toward regaining freedom. This legal remedy allows the accused to seek a re-evaluation of the court’s decision to hold them, particularly when circumstances have changed or when new evidence or legal arguments become available.
Detention reviews are governed by the Criminal Code of Canada and serve as an important safeguard to ensure that individuals are not unnecessarily held in custody before their trial. The right to liberty is constitutionally protected under the Canadian Charter of Rights and Freedoms, and detention reviews exist to ensure that pre-trial incarceration is justified and proportionate.
This article will explain what a detention review is, when it can be requested, how it works, and why working with an experienced criminal defence lawyer is essential to presenting a strong application.
What Is a Detention Review?
A detention review is a formal court hearing where an individual in custody asks the court to reconsider the original decision to deny bail. The goal is to secure release pending trial by showing that the original decision should be revisited based on legal errors, changes in circumstances, or the presentation of new evidence. The detention review process helps ensure that people are not subjected to unnecessary pre-trial incarceration, which can disrupt employment, housing, family responsibilities, and access to legal defence.
In most cases, the review takes place at the Superior Court of Justice, which has the authority to reconsider bail decisions made in lower courts. If successful, the accused may be released on conditions, such as reporting to a bail supervisor, abiding by a curfew, or being supervised by a surety.
Legal Basis for Detention Review
Under Section 520 of the Criminal Code, an accused has the right to apply for a detention review after a bail hearing has resulted in an order for detention. This application can be made by the accused, regardless of whether they are charged with a summary or indictable offence.
In addition, Section 525 of the Criminal Code allows for a review of detention that is automatically triggered if the accused remains in custody for a prolonged period before trial. This typically occurs at the 90-day mark for indictable offences and the 30-day mark for summary offences, ensuring that cases proceed without unreasonable delay.
When Can You Apply for a Detention Review?
You can request a detention review when: a bail hearing has resulted in detention and you believe the decision was incorrect or should be reconsidered, there is a material change in circumstances that affects your ability to be released, new evidence becomes available that was not presented at the original bail hearing, or there has been an unreasonable delay in the prosecution of your case. It’s important to note that courts will not entertain a detention review simply to re-argue the same points made at the initial bail hearing. There must be a clear legal basis or new development to justify the request.
How to Apply for a Detention Review
A detention review is a formal legal process that requires careful preparation. You or your lawyer must: file a written notice of application for detention review with the appropriate court, prepare supporting materials including transcripts of the original bail hearing, affidavits, and any new evidence, serve the Crown prosecutor with all materials within the required timeframes, and attend the hearing where both sides will present their arguments to the reviewing judge. The process can be complex and procedural, so it is essential to work with a criminal defence lawyer who understands how to build a persuasive case and present it effectively in court.
Factors the Court Considers at a Detention Review
The reviewing judge will consider the same factors used in the original bail hearing, including the primary ground (whether the accused is likely to attend court), the secondary ground (whether the accused poses a risk to public safety), and the tertiary ground (whether detention is necessary to maintain confidence in the administration of justice).
In addition, the judge will assess: whether the original decision contained legal or factual errors, whether new information changes the risk assessment, and whether there has been a significant delay in bringing the matter to trial. The court may also consider alternatives to detention, such as a surety, bail program supervision, or additional release conditions that reduce risk.
What Happens if the Review Is Successful?
If the judge is satisfied that continued detention is no longer justified, they may order your release with or without conditions. Common bail conditions include residing at a specific address, having no contact with certain individuals, surrendering your passport, or staying within a certain area. In more serious cases, a surety may be required to supervise you and pledge a financial amount to ensure compliance. If the review is unsuccessful, you will remain in custody until your next court appearance or until a new bail hearing is scheduled based on further changes in circumstances.
Importance of Legal Representation in a Detention Review
Detention reviews are legally technical and require a strategic approach. A criminal defence lawyer will help: assess whether your case meets the threshold for a review, identify legal or procedural errors in the original decision, gather and present new evidence to support your release, prepare and file all necessary court documents on time, and represent you in court and argue for your release based on law and fact.
A well-prepared lawyer can make the difference between continued detention and release. Acting quickly and effectively is key to maximizing your chances of success.
Why Choose De Boyrie Law
At De Boyrie Law, we understand the urgent nature of detention reviews and the high stakes involved. Our experienced legal team works quickly to prepare strong applications, challenge unjust detention, and advocate for your release. We are committed to protecting your rights and ensuring that your liberty is not restricted longer than necessary.
We handle detention reviews for a wide range of criminal charges, from summary offences to serious indictable matters. We work closely with clients and their families to prepare comprehensive bail plans, gather supporting evidence, and challenge the Crown’s position in court.
Schedule a Free Consultation with De Boyrie Law
If you or someone you care about is being held in custody and may qualify for a detention review, don’t delay. Contact De Boyrie Law today for a free, confidential consultation. We’ll assess your situation, explain your options, and take fast legal action to help secure your release.
Alex De Boyrie is an experienced Criminal Defence Lawyer covering Toronto, and the Greater Toronto Area.
In short, Alex’s experience ranges from working on bail hearings, sexual offences, weapons and firearms, assault charges, drug offences, youth crimes, Impaired Driving, and other criminal offences.