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After the Arrest

Pre-trial release, commonly known as bail, is a legal principle ensuring individuals are not unjustly held in jail prior to trial. The law emphasizes that detention before trial requires clear justification. Following an arrest, the police may release the accused with a promise to appear in court, which may involve a recognizance agreement. If not released by the police, the accused must see a justice of the peace within 24 hours. The Crown must justify continued detention based on public safety and potential flight risk. Release terms may include conditions or financial guarantees.

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After the Arrest

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  1. After the Arrest Pre-Trial Release

  2. Pre-trial Release (usually called bail): • It is the principle of our law that people should not be held in jail before trial unless there is a clear reason for doing so.

  3. Promise to Appear • The police officer in charge of the “lock up” at the station can release the accused if certain offences are involved. • The accused will sign a promise to appear in court, or enter what is called a recognizance which is an agreement that the accused will pay a certain amount of money if he/she fails to appear in court for trial.

  4. Hearing Before a Justice of the Peace • If an accused in not released by the police, he/she must be brought before a justice of the peace within 24 hours. Show Cause: It is up to the Crown to show cause why the accused should not be released: • The accused will not show up for trial • Detention is necessary for the protection or safety of the public • The accused will commit further crimes if released • It is in the public interest to detain the accused

  5. Terms of Release • Conditions • Recognizance with or without a surety. • A money deposit along with recognizance.

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