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How long does a bail hearing or bail court process usually take?

In short

A person is usually brought before the court within 24 hours of arrest. The hearing itself can take under an hour, or be adjourned over several days while a release plan and surety are put together.

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Written by Ali Sheikh, founder of Remandly (not a lawyer) · Published under a standard reviewed by an Ontario-licensed criminal lawyer, called to the bar in 2017.

Transcript

A person is usually brought before the court within 24 hours of arrest. The hearing itself can take under an hour, or be adjourned over several days while a release plan and surety are put together.

After an arrest, the law usually requires a person to be brought before the court within 24 hours, or as soon as possible after that. The hearing itself can be short — sometimes under an hour if everyone agrees on a plan — or it can be adjourned over one or more days while a release plan, surety, or paperwork is put together.

Bail court usually sits on weekends and holidays too; many Ontario courts run bail court seven days a week, often by video from the police station or a detention centre. Most bail hearings in Ontario happen in the Ontario Court of Justice; for the most serious charges, such as murder, bail is decided by the Superior Court of Justice.

Delays often come from needing time to find a suitable surety, get disclosure, or arrange a lawyer.

Nothing about the length of a specific case can be predicted here. The office can go through the person's own situation and timeline with them on the call.

Sources: Criminal Code of Canada · Law Society of Ontario · Legal Aid Ontario

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