Summons, promise to appear
Except for murder and a few other very serious
offences, a person arrested without a warrant can be released
by way of a summons, appearance notice or promise to appear. Police
will do so unless one or more of the following circumstances apply:
- they need to establish your identity
- they fear you will destroy evidence relating to their investigation
- they fear you will continue or repeat the offence or commit other offences
- they have reasonable grounds to believe you will not show up for court.
Recognizance
In addition to a summons or promise to appear,
police may make a person's release conditional on his or her entering
into a recognizance without sureties in an amount up to $500 and
without deposit of money. An out-of-province resident can be asked
to enter a recognizance without sureties and deposit up to $500
cash.
Undertaking with conditions
Following arrest, a person also may be released
on entering an undertaking with one or more of the following terms:
- remain within a certain area (city, country or province)
- deposit the person's passport
- notify police of any change in address or employment
- abstain from communicating with any person or from going to any place
- abstain from possessing a firearm and surrender any firearm
- report to police at specified times
- abstain from consuming alcohol or other intoxicating substances
- abstain from taking drugs except in accordance with a medical prescription
