Do police have to release me after arresting me?
Question & AnswerDo police have to release me after arresting me?
3. Think about your plan of release
Think about the Crown’s concerns
Once the police bring you to court, the Crown is in of your case. The police can no longer pull your charges or let you out of . You will not have a chance to speak to the Crown.
If you're being held in custody for a , the Crown may not agree to your release. They may not agree to let you go if they are concerned that:
- you may not go to court when required
- you may commit more offences
- because of the circumstances of your , people might feel that the justice system is not working if you are let out of custody
Explain why they should let you out of custody
If the Crown will not agree to your release, prepare a plan of release. Your lawyer, if you have one, or will help you.
At the beginning of your hearing the Crown will explain their concerns about releasing you. Your plan of release should respond to the Crown's concerns. It should explain why it is safe to release you while your criminal charges are in the court. Your plan of release should include conditions that allow you to return to normal life as much as possible.
Think about who might be willing to supervise you during your release. When someone agrees to supervise you in this way, they are acting as a for you.
Your plan of release should explain:
- how you will be supervised in the community
- who is available to help supervise you
- your opportunities for employment or education while you wait for the outcome
- how you will address any anger, drug use, or alcohol issues you may have
During your bail hearing, your lawyer or duty counsel will present your plan of release to the court.