Arrest of Accused on Interim Release

• Author: Steve Coughlan/Alex Gorlewski
• Pages: 174-179

174 Preliminary Matters / Judicial Interim Release

2.1(d) Arrest of Accused on Interim Release

Are there reasonable grounds to believe that the accused

contravened terms of release or committed an indictable oence?1

Yes

A justice may

issue a warrant

for the accused’s

arrest

A peace oicer

may arrest the

accused without

a warrant2

Did the accused

contravene, or

were they about to

contravene, terms of

release?4

Yes No

Accused remanded in custody unless release is justified6

Accused shall be released5

OR

A hearing will be held before a

justice or judge3

Are there reasonable

grounds to believe that

the accused committed

an indictable oence?4

OR

No Yes

This chart illustrates the mechanism that the CriminalCode, RSC 1985, c C-46

[Code] uses to deal with accused persons who are released by a peace ocer or

court, but subsequently breach the terms of their release or commit crimes.

If a justice is “satised that there are reasonable grounds to believe that an

accused” has contravened or is about to contravene the summons, appear-

ance notice, promise to appear, undertaking, or recognizance on which they

were released, or that they have committed an indictable oence since their

release, the justice may issue a warrant for their arrest (s 524(1)). Similarly, if a

peace ocer has reasonable grounds to believe any of these things, they may

eect a warrantless arrest of the accused (s 524(2)). In either case, what follows