Estreatment Hearing

An estreatment hearing is the Crown’s attempt to obtain some or all of the money pledged for bail. The Crown can seek this money if the defendant has breached her bail, that is was charged with a further Fail to Comply Recognizance, Fail to Comply Undertaking while under bail conditions. The crown may seek to have the bail estreated if the defendant does not show up for court and there is not a reason why he is not at court. The crown may also request estreatment if the defendant is charged with new charges while out on bail even if a fail to comply recognizance is not one of the charges.

Once someone is charged, while out on bail the crown may seek to cancel any previous releases and are able to do so according to section 524 of the Criminal Code of Canada and the Crown may seek to estreat any previous bails as well.

Notice is provided to the surety and the defendant at their last known addresses by way of registered mail. A hearing is held at the Superior Court of Ontario. At the hearing, the surety and the accused may testify as to why the bail should not be estreated because of steps they took. Once an estreatment order has been granted, there is no opportunity to appeal.

Being a surety is a lot of responsiblity, please contact our office at 416-469-3443 if you have any questions about being a surety or an estreatment hearing.

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