4. Find out what can happen if you don’t follow your bail conditions

What are bail conditions?
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4. Find out what can happen if you don’t follow your bail conditions

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 don’t 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 bail hearing, you will have to show the court why you should be released while your criminal matters are being considered by the courts.

Being charged with “failure to comply with recognizance” 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; they will probably ask that you be detained  instead
  • 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 first offence, the second offence, and the failure to comply with your recognizance charge. This will make it more difficult for you to be released on bail.

Surety relief

Your surety can revoke or cancel your bail at any time. Your surety does not need a reason to cancel your bail, but they may decide to cancel your bail if they believe:

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

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

You May Also Need

Legal Aid Ontario, LawFacts
Reviewed: July 1, 2018

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