Understanding Bail in Ontario: What Happens After an Arrest?
Updated: Sep 2, 2025
If you or a loved one has been arrested in Ontario, one of the first questions you may have is: What happens next? A key step in the criminal justice process is the bail hearing—a court proceeding that determines whether someone can be released from custody following their arrest, while their charges are being dealt with.
What Is Bail?
Bail is a legal release from jail while waiting for a trial or the next court date. In most cases, people charged with a criminal offence in Ontario do not stay in jail until their case is resolved—as long as the court is satisfied that they will follow certain conditions if released.
What Happens at a Bail Hearing?
If someone is held after arrest, they must be brought before a court for a bail hearing. The Crown (aka the prosecutor) must show why the person should stay in custody. The defence lawyer argues for release, offering conditions and restrictions that the individual must follow while on release. often with the help of a surety—someone who promises to supervise the accused and ensure they follow the rules set by the court.
What Does the Judge Consider?
The court looks at three main things when deciding whether to grant bail:
Will the accused show up to court?
Will they pose a risk to the public or commit more crimes?
Is keeping them in jail necessary to maintain public confidence in the justice system?
If the court believes the person can safely be released under certain conditions, they will be granted bail.
What Are Bail Conditions?
Bail usually comes with conditions (rules) that the person must follow. These may include:
Living at a specific address
Avoiding contact with certain people
Not possessing weapons
Following a curfew
Breaking these rules can lead to new charges and being sent back to jail.
Final Thoughts
Bail is not a "get out of jail free" card—it’s a serious legal process with real consequences. If you or someone you care about is facing a bail hearing, it’s important to speak to a criminal defence lawyer as early as possible.
ABC Lawyers LLP has experience in dealing with these sorts of matters. Give us a call and let us help you.
