Break of Recognizance of Bail
Courts generally take breaches quite seriously as they show a lack of respect for court orders.
What You Need To Know
The offence of breach of recognizance is defined in s. 811 of the Criminal Code of Canada. The charge will be laid when it is believed that an individual has breached one or more of the terms of their bail. The offence constitutes a new criminal offence. When prosecuted by indictment the maximum penalty for this offence is two years in jail.
Sentencing options include absolute and conditional discharges, suspended sentences, fines, and a period in custody.
A sentence may also include a probation order. Depending on the nature of the breach it is not unusual for an individual to be sentenced to a period in custody. Being found guilty of a breach of recognizance may make it more difficult for an individual to receive bail in the future as they have shown an unwillingness to respect court orders. This is an important factor that must be considered when determining how to proceed with a breach charge.
What Happens If You're Convicted?
The potential penalty for a break of recognizance of bail will vary depending on the aggravating and mitigating circumstances of the offence and the offender.
Although sometimes the Crown will agree to divert such cases, sentences can range from an absolute discharge to a period of time in custody. Some examples of breach include: Being outside one’s home outside the hours of a court imposed curfew, failure to reside at a given address, failure to seek counseling as directed by the court or communicating with an individual whom a court has ordered non-communication.
