Court Services Branch - Bail in British Columbia- Ministry of Attorney General

This brochure is an introduction and guide to bail in British Columbia. It answers some questions, outlines basic procedures, and explains words and terms which may be used in the bail process.

Note: The information in this brochure is of a general nature only and is not intended as legal advice.

Bail (also called judicial interim release) is an assurance to the court that you will appear in court when you are required to do so and that you will comply with any conditions set by the court.

This means that everyone has a right to be considered for bail and that no one is automatically detained in custody until a trial can be held.

Except in special circumstances, you must be granted a bail hearing within 24 hours of your arrest. You may be required to appear in person or by way of teleconference or telephone. In certain situations, the bail hearing may be adjourned (delayed) for up to three days.

While it is not necessary for you to be represented by a lawyer at your bail hearing, it is advisable, especially for serious charges.

If you cannot afford a lawyer, most courts in British Columbia have a duty counsel who can assist, advise and, in some cases, represent you in court.

No. In some cases, you may be released by police without a bail hearing. There are four ways for this to be done:

A summons – the police may request an official notice from the court, directing you to appear in court on a specified date.
A written promise to appear – this document will be prepared by the police for your signature before your release. By signing this form, (which may or may not have conditions), you are promising to appear in court on a specified date.
An officer-in-charge recognizance – this document is similar to the promise to appear, but indicates you may have to pay a sum of money if you do not appear at court. You may have to make a cash deposit if you live more than 200 km from where you are to appear in court.
An appearance notice – this is a notice police will give you, usually at the time of the alleged offence, directing you to appear in court on a specified date.

A bail hearing is held by a judge or judicial justice of the peace. In determining terms of bail, the judge or judicial justice of the peace will take into account your alleged offence, record of convictions, previous history of appearing for court and other related matters.

For the most serious offences, such as murder, bail is set by a Supreme Court judge.

Under certain serious circumstances, the onus (responsibility) may be on you to show why you should be released. In other words, it is up to you to prove you are eligible for release.

If the prosecutor has no objections, you may be released by the court on an undertaking without conditions. But if the prosecutor can give reasons why this should not happen, you may be released on an undertaking with conditions. These may include:

reporting to a bail supervisor at specified times;
remaining within the territorial jurisdiction (area of authority) of the court;
reporting changes of address or employment;
not communicating with witnesses, victims or other person(s);
staying away from certain areas;
depositing your passport; and/or
not possessing any firearms or weapons.

If the prosecutor can provide the court with reasons why you should not be freed on an undertaking with conditions, you may still be released on a form of bail called a recognizance. A recognizance can be ordered with various options and may have conditions attached. The bail options include:

a recognizance which sets an amount you may have to pay if you fail to attend court;
a recognizance with the amount you may have to pay plus a cash deposit;
a recognizance with the amount you may have to pay plus an amount your surety may have to pay;
if you live more than 200 km from where you are to appear in court, a recognizance in an amount you may have to pay, plus a cash deposit; and you may also need to have a surety.

If you are granted a release on an undertaking or a recognizance without a deposit or surety, the bail papers will be prepared and, after you have signed them, you will be released.

When a deposit or surety is required, it is up to you to arrange this. You cannot be released until you have made the required deposit or found a responsible person who will act as surety for you and is acceptable to a justice of the peace.

You may be detained in custody until your trial if the prosecutor can show that there are reasonable grounds for believing that:

you might not appear as required by the court;
the protection or safety of the public is necessary;
you might interfere with the administration of justice (for example, by contacting witnesses); or
you might commit further criminal offences.

If you are suspected of violating a bail order or a condition of the order, you are subject to arrest. You will then appear in court and there will be a hearing to decide whether or not you actually have violated the order. The presiding judge or judicial justice of the peace may cancel your bail or issue a new bail order that may have stricter conditions.

If you fail to appear when required by the court, a warrant for your arrest may be issued. As well, you may be charged with a new offence of failing to appear.

If you have deposited cash, you may have to forfeit it. If you were released on a recognizance there may be a hearing and you may be ordered to pay all or part of the amount set out on the recognizance you signed.

A surety is a person who agrees in writing with the court to be responsible for you until your case is concluded.

A justice of the peace or judge will interview your surety to determine his or her stability and assets. A surety’s stability is shown by:

length of time at a current job;
type of job;
length of time in the province or the community;
whether he or she owns a home;
family and community roots; and
relationship to the accused.

Yes. Your surety may request that the court issue an order for your arrest. This is called an application to render and will be considered if, for instance, your surety suspected you were about to leave the province, not comply with conditions of bail or fail to appear.

Your surety might also apply to be released for personal reasons; for example, if he or she were moving to another city. In that case, a replacement surety may be accepted by the court.

If you fail to appear in court when required, a judge may make an order for forfeiture after a hearing. As a result, your surety must then pay to the court all or part of the sum for which he or she signed.

For further information about bail, please contact a Justice of the Peace at any court registry.