Is there always a bail hearing when someone is arrested?
The simple answer is “no”. In fact, often there is no bail hearing needed at all.
If you are arrested by the police, the police can release you directly from the police station without a bail hearing under three different arrangements.
First, the police can release you if you enter into a “promise to appear”. Where that happens, you will be given a formal document with a date and time for a court appearance. You will sign the promise to appear and agree to attend court as required.
Release Procedures and Recognizance Requirements for Police Custody
The police can also release you directly if you enter into a “recognizance” in an amount not exceeding $500 without deposit, unless you do not ordinarily reside in the province or within 200 kilometres of the place where you are in custody. If you do not live in the province or within 200 km, the officer in charge can require you to deposit a sum of money not exceeding $500 as part of the recognizance.
The police can also require you to enter into an “undertaking” in Form 11.1 with one or more of the following conditions:
- a) remain within a specified jurisdiction
- b) notify the police of any change in address, employment or occupation
- c) abstain from communicating with named persons and/or abstain from attending any specified address
- d) deposit passport
- e) abstain from possessing any firearms
- f) report to the police and sign in at the police station on specified dates
- g) abstain from the consumption or drugs or alcohol.
In any of these situations, your release following arrest will be reasonably prompt and no bail hearing will be required.