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What happens if I don’t follow my bail conditions?

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What happens if I don’t follow my bail conditions?
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What happens if I don’t follow my bail conditions?
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Reviewed: 
July 1, 2018
Answer

It is important that you understand the conditions you're being asked to follow. You must follow every condition of your bail.

What the police can do

If you do not follow your bail conditions, you can be arrested and criminally charged with failing to comply with your bail. This is also called a breach of bail conditions.

The police can issue a warrant for your arrest if:

If this happens, when you’re arrested, you will be held in custody for another bail hearing. At the new bail hearing, you will have to show the court why you should be released while your case is in criminal court.

Being charged with “failure to comply” can mean:

  • it may be more difficult for you to get bail in the future,
  • if you’re charged with another criminal offence in the future, the Crown will be less likely to release you on bail
  • it will be less likely that you'll be allowed to use the bail program

Section 524 application

The Crown may make a Section 524 application to the court. This is also known as a bail revocation application.

If the application is approved, your original bail will be cancelled and the new bail hearing will be about all of your outstanding charges: the ones you were already on bail for and the new charges you’re facing. This will make it more difficult for you to be released on bail.

Surety relief

Your surety can cancel or revoke your bail at any time. They may do this if they believe:

  • you have already not followed a condition of your bail
  • you’re not going to follow a condition of your bail in the future

Your surety may also revoke your bail simply because they no longer wish to act as your surety.

If this happens, a surety warrant for your arrest will be issued for your arrest. If a surety warrant has been issued, you should:

  • contact a lawyer as soon as possible
  • find someone else who can act as your surety and ideally meet the same terms as your previous surety, and
  • turn yourself in as soon as possible.

Contact a lawyer immediately. Your lawyer can contact the police and help you arrange to turn yourself in. Once you turn yourself in, you will be arrested.

 

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