M2 - Learner Manual

If the offence for which the accused is applying for bail, is not a “show cause” offence, Step 1 does not apply, and the court need only consider whether the accused presents an unacceptable risk (Step 2, below).

In determining whether the person has “shown cause”:

Step 1: has the accused person shown cause as to why his or her detention is not justified?

If the answer to this question is no - bail will be refused.

If the answer to this question is yes - the court will then determine step 2

Step 2: does the person present an unacceptable risk? (taking the section 18 matters into account)

If the answer to this question is yes - bail will be refused

If the answer to this question is no - the court must ask whether there are any conditions which must be imposed to address any bail concerns.

If conditions are required - conditional release

If no conditions are required - unconditional release