Guides · If bail is denied
What happens if bail is denied in Ontario?
What usually happens, in plain words, for the person charged and the family.
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What is a bail review?
A judge of the Superior Court can review the decision. The review looks at whether there was an error or a material change. It takes time to prepare — days to weeks.
What can change the decision at a bail review?
A stronger surety, a treatment or supervision plan, a fixed address away from the complainant, or new information about the case.
What happens while they are held?
The person is in a detention centre. Calls and visits have rules; money can be added to their account; the detention centre’s website or the defence lawyer’s office can explain how. Court dates continue.
What do we see when bail is denied?
A denial is not the end; the decision can be reviewed in a higher court on new material or on error. What families ask on the call is what changed and what can change — a different surety, address or plan. Those are the questions a review turns on, and they are asked on the first call.
What do people ask after bail is denied?
What usually changes a bail decision?
A stronger surety, a treatment or supervision plan, a fixed address away from the complainant, or new information about the case.
What happens while they are still in custody?
The person is in a detention centre. Calls and visits have rules; money can be added to their account; the detention centre’s website or the defence lawyer’s office can explain how. Court dates continue.
Do I have to talk to the police?
No — a person does not have to answer police questions, whether that’s in person, at a station, or over the phone. You can confirm identifying information if asked, but you’re not required to explain, discuss the events, or answer follow-up questions.
What does a surety do?
A surety is an adult who tells the court they will supervise a person released on bail and who pledges an amount of money as a promise that the rules will be followed. Two things are involved: making sure the person sticks to every condition of release, and risking loss of the pledged amount if they don’t.
Sources
- Justice Laws Website, accessed September 25, 2026
- Ontario Court of Justice, accessed September 25, 2026
- Legal Aid Ontario, accessed September 25, 2026
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