Depending on several factors (such as the nature of the alleged offence, the likelihood that the accused will attend court and whether or not s/he will pose a danger to the public or complainant), the police may decide to not release the accused. In this situation, the police must, in most cases, bring the accused before a court within 24 hours for a bail hearing. A bail hearing is a proceeding in which the court will make a determination as to whether or not the accused should be released, pending the completion of his/her criminal case. In the majority of cases, the burden is on the Crown to demonstrate, on a balance of probabilities, why the accused’s detention is justified. In certain cases, the burden shifts to the accused person to show cause why his/her detention is not justifiable (this is called a “reverse-onus” bail hearing, and may arise with certain prescribed offences, such as murder, as well as in certain prescribed situations). In either scenario, the following are the factors that must be taken into account when assessing whether or not detention is justifiable:

• Is detention necessary in order to ensure the accused attends court (the “primary ground”);
• Is detention necessary for the protection and safety of the public, including any substantial likelihood that the accused, if released, will commit further criminal offences (the “secondary ground”); and
• Is detention necessary to preserve confidence in the administration of justice (the “tertiary ground”)

Generally speaking, the first appearance in Criminal Court is for administrative purposes only. At the first appearance, you can expect to receive initial disclosure from the Crown Lawyer. “Disclosure” is the evidence which the police have collected in support of the charges against you. The Crown Lawyer is required to provide you this disclosure to ensure you are aware of the case against you and so that you can prepare a defence.

If you have been arrested, the police have the power, for many offences, to release you from the police station. In doing so, they may ask you to sign a form which is essentially an agreement into which you enter, stating that you will attend court on a specific date. If you do not attend court (or for fingerprinting, as stipulated on the form), you may be charged with a further criminal offence of Failure to Attend Court (or Fingerprinting).

The penalties vary on the severity of the charge as well any prior DUI charges on your record. They can range from a $2000 fine and a 12 month driving suspension for a first offence to 120 days of jail time along with a 36 month driving suspension for a third offence. All transportation offences carry a maximum penalty of 10 years.