Law Talk: Police and judicial release
Once you've been arrested for allegedly
committing a crime, and the police have held
you in custody temporarily, they have to
decide what to do with you. Sometimes you
will be released almost immediately, and
other times you will be spending much more
time behind bars. To clarify how this works,
here are a few things you should know about
release following arrest.
1. Quick Police Release
The police might release you after arresting you, charging you and perhaps holding you in custody for a brief period of time. Usually, if the police have arrested you without a warrant for a non-serious crime, they will release you unless they have reason not to. Such reasons include a likelihood that you have not given the police your real name or address, that you will not go to your court date, that you will commit another crime, that you will tamper with evidence or that you will threaten witnesses after being released.
2. Method of Police Release
If the police release you, they will give you a piece of paper called a summons stating when your court date is, or make you sign a promise that you will appear on your court date. They may also make you deposit money with the court up front, or assign an amount you will have to pay if you fail to show up to court. The police may require you to comply with certain conditions upon your release, such as refraining from drinking alcohol or contacting certain individuals if you've been arrested on a warrant.
3. Judicial Release
When you've been charged with a more serious crime, or the police decide not to release you based on one of the above-mentioned reasons, you will have to appear before a Judge or Justice of the Peace to be released. This is called a bail hearing. You do not have to state whether or not you are pleading guilty at this appearance, as it is only to determine if you should be released before your next court date. The Judge or Justice of the Peace will look at the circumstances, and must release you unless he or she believes that you will not attend your next court date, that you pose a public danger, or that the circumstances surrounding the nature of the offence require that you remain in custody.
4. Bail Conditions
If a Judge or Justice of the Peace releases you, you may have to comply with certain conditions. As with police release, you may have to pay money up front or pay upon missing your next court appearance. A surety may sometimes be required, another person who agrees to pay the court if you fail to show up to your next appearance or breach a condition of your release. Conditions may include anything the Judge or Justice of the Peace believes is warranted, such as abstaining from alcohol or undergoing counselling. Breaching a condition is a criminal offence, and if you are charged with doing so, it may be up to you to prove to the court that you should be released into the public again before your next court date.
This column provides legal information only and is produced by the students of Community Legal Services and Pro Bono Students Canada (UWO). The information is accurate as of the date of publication. Laws change frequently so we caution readers from relying on this information if some time has passed since publication. If you need legal advice please contact a lawyer, community legal clinic, Justice Net at 1-866- 919-3219 or the Lawyer Referral Service at 1-900-565-4LRS. You can contact Community Legal Services to book an appointment to discuss your legal issue or mediation services. Please call us at 519- 661-3352 with any inquires or to book an appointment.
Editorial opinions or comments expressed in this online edition of Interrobang newspaper reflect the views of the writer and are not those of the Interrobang or the Fanshawe Student Union. The Interrobang is published weekly by the Fanshawe Student Union at 1001 Fanshawe College Blvd., P.O. Box 7005, London, Ontario, N5Y 5R6 and distributed through the Fanshawe College community. Letters to the editor are welcome. All letters are subject to editing and should be emailed. All letters must be accompanied by contact information. Letters can also be submitted online by clicking here.
1. Quick Police Release
The police might release you after arresting you, charging you and perhaps holding you in custody for a brief period of time. Usually, if the police have arrested you without a warrant for a non-serious crime, they will release you unless they have reason not to. Such reasons include a likelihood that you have not given the police your real name or address, that you will not go to your court date, that you will commit another crime, that you will tamper with evidence or that you will threaten witnesses after being released.
2. Method of Police Release
If the police release you, they will give you a piece of paper called a summons stating when your court date is, or make you sign a promise that you will appear on your court date. They may also make you deposit money with the court up front, or assign an amount you will have to pay if you fail to show up to court. The police may require you to comply with certain conditions upon your release, such as refraining from drinking alcohol or contacting certain individuals if you've been arrested on a warrant.
3. Judicial Release
When you've been charged with a more serious crime, or the police decide not to release you based on one of the above-mentioned reasons, you will have to appear before a Judge or Justice of the Peace to be released. This is called a bail hearing. You do not have to state whether or not you are pleading guilty at this appearance, as it is only to determine if you should be released before your next court date. The Judge or Justice of the Peace will look at the circumstances, and must release you unless he or she believes that you will not attend your next court date, that you pose a public danger, or that the circumstances surrounding the nature of the offence require that you remain in custody.
4. Bail Conditions
If a Judge or Justice of the Peace releases you, you may have to comply with certain conditions. As with police release, you may have to pay money up front or pay upon missing your next court appearance. A surety may sometimes be required, another person who agrees to pay the court if you fail to show up to your next appearance or breach a condition of your release. Conditions may include anything the Judge or Justice of the Peace believes is warranted, such as abstaining from alcohol or undergoing counselling. Breaching a condition is a criminal offence, and if you are charged with doing so, it may be up to you to prove to the court that you should be released into the public again before your next court date.
This column provides legal information only and is produced by the students of Community Legal Services and Pro Bono Students Canada (UWO). The information is accurate as of the date of publication. Laws change frequently so we caution readers from relying on this information if some time has passed since publication. If you need legal advice please contact a lawyer, community legal clinic, Justice Net at 1-866- 919-3219 or the Lawyer Referral Service at 1-900-565-4LRS. You can contact Community Legal Services to book an appointment to discuss your legal issue or mediation services. Please call us at 519- 661-3352 with any inquires or to book an appointment.
Editorial opinions or comments expressed in this online edition of Interrobang newspaper reflect the views of the writer and are not those of the Interrobang or the Fanshawe Student Union. The Interrobang is published weekly by the Fanshawe Student Union at 1001 Fanshawe College Blvd., P.O. Box 7005, London, Ontario, N5Y 5R6 and distributed through the Fanshawe College community. Letters to the editor are welcome. All letters are subject to editing and should be emailed. All letters must be accompanied by contact information. Letters can also be submitted online by clicking here.
