If police do have reasonable and probable grounds to detain you and you are arrested and taken into custody, police can detain you for 24 hours. This 24-hour period may be extended if you are arrested on a holiday or on the weekend.
Within this 24-hour time period, they must either release you or bring you before a judge or justice of the peace and be prepared to show just cause as to why you should be held in custody. It is at this stage that it is essential to have the services of a lawyer to advocate for you. Visit our Hamilton Criminal Lawyer page for more information.
Often times a lawyer can negotiate with the crown to consent to your release, sometimes with certain conditions and with or without a surety depending on the specifics of your case and your individual circumstances. Otherwise the lawyer can schedule a contested bail hearing in front of a justice at the earliest possible time with the court.
If you are denied bail after a contested hearing you will be held in custody until a successful bail review is held if you and your counsel decide it is a viable option. If a bail review does not occur or your bail review is unsuccessful, the court can continue to detain you until your trial date.
You have a right to not be arbitrarily detained. Unless the police have objectively reasonable and probable grounds to detain you for investigative purposes or grounds to believe you have committed a crime, they cannot detain you.
If you have been detained and need a strong criminal defence team, Collett Read LLP is available 24/7. Call our office at (905) 541-2228 or fill out a free consultation form.
7 comments
Chander
In canada, if we don’t have guarantor how can we get bail
Collett Read LLP
Hi Chander,
A surety is not always required for bail in Canada, and it will depend on the specific circumstances of each case whether one is required for an accused person to be released on bail. There are also approved programs that individuals can be released to in some cases, such as the John Howard Society. Check out our blog “What Are the Rules Around Bail” to learn more!
https://collettreadllp.com.com/know-your-rights/what-are-the-rules-around-bail/
John T McCormack
Thank you for your information you have provided. I will make a business card with your information and keep it in my wallet.
Carrie-Anne
Are police required to allow you to make a personal call or just a call to legal representation?
Collett Read LLP
Police are only required to allow you to call a lawyer, under section 10(b) of the Charter of Rights and Freedoms.
Benjamin Butcher
This is a good and helpful article! Thanks for informing the public!
Collett Read LLP
You’re welcome!