1. Learn about the types of warrants

What happens if I don't follow my bail conditions?
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1. Learn about the types of warrants

There are different types of warrants that can be issued if you don’t follow your bail conditions. All of the warrants give police the power to arrest you.

Arrest warrant

An arrest warrant gives police the power to arrest the person named in the warrant so that person can be brought to court.

The arrest warrant will include:

  • your name
  • what you're accused of having done
  • an order to arrest you
  • the signature or name of the judge or justice of the peace who ordered the warrant

If a police officer has reasonable and probable grounds to believe you committed a crime, including failure to comply with bail conditions they can swear a court document called an information. This is a sworn document which will identify the offence you're accused of committing. It is given to a judge or justice of the peace to review.

The judge or justice of the peace decides whether to issue an arrest warrant or an appearance notice.

Bench warrant

A bench warrant is issued by a judge or justice of the peace to arrest a person who failed to go to court for a court date, hearing, or trial.

Surety warrant

If the person who promised to supervise you during your release doesn't want to be your surety anymore, that person can go to court and apply to be removed as your surety. The application must be in writing.

Your surety can bring you with them when they go to court. If they do and they are removed as your surety, you will be taken into custody. If you don’t go with your surety to court and turn yourself in after your surety is relieved from their duties,  a surety warrant will be issued for your arrest.

If a surety warrant is issued, you will be arrested by the police and placed back into custody.

If they want to, the person who was initially your surety can offer to be your surety again, even after they have taken themselves off your bail. However it will be up to a judge or justice of the peace to approve them. If the first surety doesn’t want to come forward a second time, someone else can also offer to be your new surety.

Reviewed: July 1, 2018

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