Recognizance and Undertaking
Learn about recognizance and undertaking in Canadian law, pre-trial release mechanisms for criminal charges. Understand conditions and consequences.
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Plain-Language Summary
Recognizance and Undertaking: Recognizance and undertaking are two kinds of formal promise a person can be held to while a criminal case is going on. An undertaking is a written promise you give to the police when they let you go after an arrest. It must include a promise to come to court, and the police may attach other conditions, such as reporting to an officer at set times or staying away from certain people or places (this is explained further below). A recognizance is a different kind of promise. It is recorded with a court and is usually backed by a sum of money, or by other people called sureties who agree to pay that money if the promise is broken. Since Canada changed its bail rules in 2019, the police release an accused on an appearance notice or an undertaking; the older police document called a promise to appear was removed from the Criminal CodeA federal act codifying most criminal offences in Canada, and so was the police recognizance. When a judge or justice releases an accused at a bail hearing, that is now done by a release order, not by a recognizance. Recognizances are still used in other situations, though, such as a peace bond that can require a person to keep the peace and be of good behaviour for up to one year. With any of these promises, breaking a condition can lead to serious consequences, such as losing money or being taken back into custody.
What is Recognizance?
A recognizance is a formal promise made by an accused to appear in court at a specified time and place. This is a legal document signed by the accused and may require that person to provide a sum of money or other valuable security as a guarantee of their appearance in court.
A recognizance can also be used to compel a witness to give evidence at a trial. If they fail to attend, a warrant can be issued for their arrest.
There are two types of recognizances that can be ordered by a court for the accused:
Recognizance With Sureties: This type of recognizance requires the accused to provide one or more sureties who will promise to pay a specified sum of money if they fail to appear in court.
Recognizance Without Sureties: This type of recognizance does not require the accused to provide any sureties or money as security for their appearance in court.
An Example of Recognizance
If an individual is charged with assault, the court may order that person to sign a recognizance promising to appear in court on a specified date and time. The accused may also be required to provide a sum of money as security for their appearance in court. If the accused fails to appear in court, they may forfeit the money they provided as security and a warrant may be issued for their arrest.
What is an Undertaking?
An undertaking is a written promise given when an accused person is released by police before a bail hearing. It usually requires the person to attend court and follow any conditions that are allowed by the Criminal Code. A release order is different: it is made by a judge or justice at a bail hearing and may include broader or more detailed conditions.
Why they are Important
Recognizance and undertaking are commonly used in Canadian law. They allow an accused to remain free, as long as they agree to show up on the trial date or abide by certain conditions during this waiting period. The consequences of failing to comply with these promises can be severe, including forfeiture of money or return to custody.
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General legal information only. Not legal advice. We do our best to keep this page accurate and up to date, but criminal law can change and every case depends on its facts. Check the review date and consult the Criminal Code or a criminal defence lawyer before relying on this information.
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Criminal Code Help explains selected Criminal Code offences and related legal concepts in plain language. The goal is to help readers understand the general meaning of the law without having to read the full statutory text.
This page is a simplified summary. It does not include every exception, definition, court interpretation, evidentiary issue, Charter issue, sentencing factor, or procedural rule that may apply in a real case.
Legal information, not legal advice
This page is general legal information only. It is not legal advice and should not be relied on as advice about any specific charge, investigation, court file, or personal situation.
Possible defences and legal issues depend on the facts, the evidence, the exact charge, current Canadian law, and the province or territory where the case is being handled. If you are facing a criminal charge or researching a real legal problem, speak with a criminal defence lawyer in your province or territory.