Under Canadian law, if you are held for a bail hearing in London, the police must bring you before a Justice of the Peace within 24 hours of your arrest. The hearing takes place at the Ontario Court of Justice, and if you need a private defence lawyer, expect the legal fees to range from $1,500 to $3,500 CAD as of April 2026.
Having a loved one arrested and taken into custody by the London Police Service is a highly stressful and frightening experience. When someone is held behind bars, the immediate priority is figuring out how to secure their release. In Canada, this process is officially called “judicial interim release,” though everyone commonly refers to it as getting bail. The goal is to allow the accused person to return home while they await their trial, rather than waiting in jail for months.
Understanding the strict timeline is essential for families navigating the criminal justice system in London. 📋 Unlike the American system you see on television, you generally do not just hand over a pile of cash to a bail bondsman. Instead, the Canadian system relies heavily on supervision and strict conditions. Because the stakes are so high—and a denied bail means the accused stays in custody—it is strongly recommended to hire a local defence lawyer from our directory to handle the hearing.
Step-by-Step Process in London, Ontario
Whether the arrest happened downtown near Richmond Row or in a residential neighbourhood like White Oaks, the legal path to freedom follows a standard procedure. Here is how the process works from the moment the handcuffs go on to the moment the accused is released.
Step 1: The Arrest and Initial Detention
After an arrest, the individual is usually transported to the London Police Headquarters located at 601 Dundas Street. 🚨 The police officer in charge will decide whether to release them from the station with an Appearance Notice or hold them for a formal bail hearing. If the charge is a serious indictable offence, or if the police believe the person will not show up for court, they will be kept in the holding cells overnight.
Step 2: Transfer to the London Courthouse
By law, a person must be brought before a Justice of the Peace within 24 hours of being arrested. In London, bail hearings are held at the Ontario Court of Justice, located at 80 Dundas Street. If the arrest happens on a weekend, the hearing may take place via video link at the Weekend and Statutory Holiday (WASH) court. At this first appearance, the Crown Attorney will officially state whether they agree to a release or if they intend to “show cause” as to why the person should remain in jail.
Step 3: Finding and Preparing a Surety
If the Crown opposes an unconditional release, your lawyer will likely need to present a “surety.” 👥 A surety is a responsible adult (usually a parent, spouse, or close friend) who promises the court they will supervise the accused and ensure they follow all bail conditions. The surety must be prepared to pledge a specific amount of money. Your defence lawyer will prepare the surety by reviewing their finances, their criminal record, and their ability to enforce rules like a curfew.
Step 4: The Show Cause Hearing
If a negotiated release cannot be reached with the Crown, a contested bail hearing takes place. During the hearing, the Justice of the Peace will listen to the allegations from the police synopsis, hear from the proposed surety, and listen to arguments from your defence lawyer. If the Justice approves the bail plan, the surety will sign the release documents, and the accused will be free to go home that same day.
How Much Does it Cost in London?
Securing bail involves legal fees and a financial pledge, but rarely involves paying cash upfront. 💵 Here is a breakdown of typical costs you might encounter in 2026.
| Expense Type | Estimated Amount (CAD) | Description |
|---|---|---|
| Private Lawyer Retainer | $1,500 – $3,500 | The flat fee a private defence firm charges to prepare and conduct the bail hearing. |
| Surety Pledge | $500 – $10,000+ | The amount the surety promises to pay the court only if the accused breaks a condition. No cash is needed upfront in most cases. |
| Cash Deposit | Rare ($500 – $2,000) | Sometimes required if the accused lives outside of Ontario or more than 200 km from London. |
| Duty Counsel | Free | Legal Aid Ontario provides free lawyers at the courthouse for those who cannot afford a private one. |
How Long Does the Process Take?
While the law requires an initial appearance within 24 hours, the actual release might take longer. 🕐 Often, a defence lawyer will request a short adjournment (a delay of 1 to 3 days) to properly gather evidence, interview the surety, and build a strong release plan. If you rush a bail hearing without a solid plan and lose, it is extremely difficult to get a second chance. If bail is denied, the accused will be transferred to a provincial jail, such as the Elgin-Middlesex Detention Centre (EMDC), to await their trial.
Frequently Asked Questions (FAQ)
What happens if the accused breaches their bail conditions?
If the accused breaks a rule (like missing curfew or contacting the victim), they can be re-arrested on a new criminal charge of “Failure to Comply.” The Crown may then try to seize the money that the surety pledged, and getting bail a second time will be significantly harder.
Can I be a surety if I have a criminal record?
It is possible, but it makes it much more difficult. The Justice of the Peace wants someone who respects the law to supervise the accused. An old or minor record might be overlooked, but recent convictions—especially for perjury or breaches of court orders—will likely disqualify you.
Do we get the pledged money back at the end of the case?
Because a surety in Ontario typically only pledges the money on paper (without handing over cash), there is no money to return. The pledge simply dissolves once the criminal case is completely closed, whether by a dropped charge, a guilty plea, or a trial verdict.
What if the Justice denies bail?
If bail is denied, the accused is remanded into custody at EMDC. Your lawyer can apply for a “Bail Review” at the Superior Court of Justice. However, this is an expensive and complex appeal process that requires showing the original Justice made a legal error or that your circumstances have materially changed.
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