When you are arrested, it is common to end up in bail court. However, it is not the only option. The police can release you on an appearance notice or a promise to appear.
What is an Appearance Notice?
A Form 9 (appearance notice) can be given at the roadside or at the police station. This document will indicate the charge(s), the courthouse, as well as your first court date, time, and courtroom. A second date can be included which is your fingerprint date – the date at which you have your fingerprints taken for police records. Importantly, an appearance notice does not require you to be bound by any conditions.
What is a Promise to Appear?
Being released on a promise to appear will occur at the police station. The form will indicate when and where the accused must next appear in court, and whether they will be required to appear for a fingerprint date.
A promise to appear typically is accompanied by an undertaking to the officer-in-charge. The undertaking will include conditions that you must follow as part of your release. The conditions in the undertaking to the officer carry the same weight as a release order from bail court. If you do not follow the conditions, you will be arrested and charged with failing to comply with your undertaking contrary to section 145(3) of the Criminal Code.
Can I Vary the Terms of my Undertaking?
Since the undertaking is equivalent to a release order, you can vary the conditions. The bail hearing lawyers of Lockyer Zaduk Zeeh regularly vary the terms of their client’s bail. Many times, individuals are released on an undertaking with conditions that are unacceptable and impracticable. We work with our clients in these situations to vary their terms to ensure they are properly tailored to the circumstances of their case. If you have been released on a promise to appear or an appearance notice, please give us a call at 416-613-0416 to discuss your matter.