Fail to Comply with Recognizances

OFFENCE

When a person is arrested and charged with a criminal offence, and the circumstances do not warrant keeping the accused in custody, one of several types of releases may be granted. The type of release will depend on the nature of the charge, the circumstances surrounding the charge and the history of the accused person.

The types of releases are as follows:

1. Appearance notice;

2. Promise to appear; or

3. Recognizance of bail.

Where either a promise to appear or a recognizance of bail is ordered, conditions may be placed on the accused person. These conditions may involve limitations on who the accused can associate with, limits on the ability to move about without supervision, or other conditions deemed necessary by the Court to ensure that future offences do not occur.

Any breach of one of these conditions could lead to an additional charge of failing to comply with the recognizance (or undertaking). In order to prove the charge, the Crown would have to prove that the accused person is the same person who was originally placed on the recognizance, that the recognizance was still in effect at the time of the alleged breach, and that the accused intentionally committed the breach in question.