After police make an arrest in Ontario, one of the first practical questions is what happens next: will the person be released with paperwork and a future court date, or held for a bail hearing? This guide walks through that process in general terms. It focuses on the mechanics of release after arrest, rather than the rights a person has during an arrest or while being questioned, which are covered separately in our guide on rights after being arrested. This page is general information only and is not legal advice about a specific situation.
In Ontario, most people who are arrested for a criminal offence are eventually released, either directly by police at or shortly after the arrest, or later by a justice at a bail hearing. Which path applies depends on the nature of the alleged offence, the person's history, and a set of factors police and the law require them to consider.
The Two General Paths After Arrest
Broadly speaking, once police have arrested someone and decided to proceed with a charge, there are two general paths forward. The first is release by police themselves, without the person ever needing to appear before a justice to get out of custody. The second is that police keep the person in custody so that a bail hearing can be held before a justice, who then decides whether, and on what terms, the person will be released pending trial.
Release by police is generally the more common outcome for less serious matters, while detention for a bail hearing is more likely where the alleged offence is serious, where there is a significant criminal record, or where police have specific concerns about public safety or the person's willingness to attend court. Neither path says anything about guilt; both are about managing a person's attendance at court and any risk while a charge is outstanding.
Release Directly by Police
When police release a person directly, rather than holding them for a bail hearing, this can happen in a few different ways depending on the stage of the interaction. Sometimes a person is released right at the scene, without ever being taken to a police station. In other cases, a person is taken to a station to be processed, for example fingerprinted and photographed, and then released from there once that processing is complete.
Either way, the general idea is the same: police decide it is not necessary to detain the person to protect the public or ensure they come to court, and the person is given documents that set a future court date and, often, conditions to follow in the meantime.
Common Police Release Documents
A few standard types of paperwork are commonly used when police release someone directly. The exact form used can depend on the stage of the process and the practice of the specific police service, but common examples include:
- Appearance notice. Often given at the scene of an alleged offence, this document sets a date to appear in court and, frequently, a date to attend a police station later for fingerprinting and photographs.
- Promise to appear. Typically provided once a person has been taken to a police station and formally processed, this document tells the person what they have been charged with and when they are expected in court, and it means police are releasing them without a bail hearing.
- Undertaking to a peace officer. Often given together with a promise to appear, an undertaking sets out specific conditions the person must follow, similar in nature to conditions that might otherwise be set at a bail hearing.
Whatever combination of documents is used, they generally serve two purposes: confirming the charge and the next court date, and, where applicable, setting out any conditions that apply until the matter is resolved or the conditions are changed by a court.
Conditions Attached to Release
When police release someone with an undertaking, they may attach conditions meant to address specific concerns, such as protecting an alleged victim or witness, or reducing the chance of further offences before the case is resolved. Common examples include staying away from a specific person or location, not communicating with a named individual, reporting to police periodically, or surrendering a passport.
These conditions are legally binding once accepted, and breaching them can lead to a new, separate charge, in addition to whatever happens with the original matter. Anyone released with conditions should read them carefully and ask a lawyer or duty counsel about anything that is unclear, since conditions can sometimes be broader than a person expects, and a related charge for breaching them can complicate an otherwise straightforward case. For more detail on how conditions work and how they can later be changed, see our guide on bail and release conditions.
If you do not understand a condition on your release documents, do not guess. Ask a lawyer or duty counsel to review the documents with you before your next court date, since a mistaken breach can create an additional, avoidable charge.
Factors Police Consider Before Releasing Someone
Canadian law directs police to release a person unless they have reasonable grounds to believe detention is necessary. In general terms, police consider things such as whether detention is needed in the public interest, including concerns about the continuation or repetition of an offence or the safety of a victim or witness, and whether the person is likely to attend court if released. The general legal principle is that release at the earliest reasonable opportunity, on the least onerous conditions appropriate to the circumstances, should be given primary consideration.
Other practical factors that commonly come into play include whether the person's identity has been confirmed, whether they have a fixed address, whether they have a history of failing to attend court, and the nature and seriousness of the alleged offence. None of these factors is necessarily decisive on its own; police are generally expected to look at the overall picture before deciding whether to release someone directly or hold them for a bail hearing.
This decision is made at an early stage, on limited information, and does not determine how a case is ultimately resolved. Someone held for a bail hearing can still be released by a justice, often the same day, and someone released by police can still plead guilty, be found guilty at trial, or have the charge withdrawn.
The 24-Hour Rule and Bail Hearings
If police decide not to release a person, the law generally requires that the person be brought before a justice without unreasonable delay, and in any event within 24 hours of the arrest if a justice is available within that time. If no justice is available within 24 hours, the person must be brought before one as soon as possible afterward. This requirement exists to make sure that a decision about ongoing detention is quickly reviewed by a judicial official, rather than left entirely to police discretion.
In practice, this means that someone held after arrest will generally have a bail hearing within a day or two, though the exact timing can depend on factors such as when the arrest happened, court scheduling, and whether the person needs more time to arrange a surety or retain a lawyer. Our detailed guide on bail hearings explains how that hearing works and what a justice considers when deciding whether, and on what terms, to release someone.
If You Are Held for a Bail Hearing
Being held for a bail hearing is not a punishment and does not reflect a finding of guilt. It means that police, applying the legal factors above, concluded that release directly by them was not appropriate, and that the decision should instead be made by a justice with the benefit of a formal hearing.
During this period, a person in custody is generally entitled to contact a lawyer, including duty counsel, and to have that conversation kept private. Getting legal advice early can make a real difference in preparing information, such as a proposed surety or release plan, that could support release. See our guide on the right to a lawyer for more.
After You Are Released
Whether release happens directly from police or after a bail hearing, the paperwork will set out a court date and, usually, a location. It is important to note that date and location carefully, since missing a scheduled court appearance is itself a separate offence and can also affect whether bail is granted if the person is arrested again later. Our guide on first court appearances explains what typically happens at that first date in court.
This is also a good time to start thinking seriously about legal representation, whether that means contacting a lawyer directly, calling the Law Society of Ontario's referral service, or looking into Legal Aid Ontario, since decisions made early in a case, including whether to seek changes to release conditions, are often easier to manage with legal advice already in place. See our guides on finding a lawyer and Legal Aid Ontario for more.
Frequently Asked Questions
Does being released by police mean the charge is not serious?
Not necessarily. Release decisions depend on a range of factors, not just the seriousness of the allegation, and a released person can still face a serious charge that needs careful legal attention.
What is the difference between a promise to appear and an undertaking?
A promise to appear generally states the charge and the court date. An undertaking, often given alongside it, sets out specific conditions the person must follow until the case is resolved or the conditions are changed.
How quickly must someone be brought before a justice if not released by police?
The general rule is without unreasonable delay, and within 24 hours if a justice is available in that time; if not, as soon as possible afterward. Exact timing can still vary with local circumstances.
Can release conditions be changed later?
Yes, in general, release conditions can potentially be reviewed and changed later in the process, often with the involvement of a lawyer and, depending on the type of release, the Crown or a court. See our guide on bail and release conditions for more detail.
What happens if I miss the court date on my release documents?
Missing a scheduled court date is treated seriously and can lead to a separate charge, as well as a warrant for arrest. If you are ever unsure about a date or cannot attend, contact a lawyer or duty counsel as soon as possible, ideally before the date passes.
Can I get legal help while still in custody after arrest?
Yes. A person in custody is generally entitled to contact a lawyer, including duty counsel, and to do so privately. This applies whether or not a bail hearing is ultimately needed.
Is being held for a bail hearing the same as being found guilty?
No. Being held for a bail hearing is a decision about custody pending the case, not a finding about guilt. Guilt is decided separately, either through a guilty plea or a trial.