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The judge or justice of the peace will listen to the evidence and arguments presented by both the Crown and the accused (through his or her lawyer or duty counsel), and then make a decision on whether the accused should be let out on bail or not. In bail court, as in other courts, the judge or the justice of the peace is often called “the court.”
In some cases, the Crown will recommend to the judge or justice of the peace that the accused should be released on certain terms or conditions. This is usually called a “consent release.” In other cases, the Crown will not recommend a release and a bail hearing will be held. In all cases, the judge or justice of the peace has the final say on whether an accused is released on bail or not.