Administration of Justice Offences

Once a person is involved in the criminal justice system they will often find themselves subject to orders that either direct them to take certain actions, restrict their liberty, or both. Failure to abide by the terms of these orders is a criminal offence and can lead to additional charges being laid. These offences collectively are often referred to as falling under the umbrella of offences against the administration of law and justice.

Fail to Attend Court

Everyone who is charged with a criminal offence and subsequently released pending the outcome of their charges is at the very least subject to a condition that they must appear in court on a specified date at a specified time (personally or through an authorized representative such as a Criminal Defence Lawyer). At that court date, the accused person will receive another equally binding court date. Where the accused person attends (in person or through an authorized representative), this process of assigning future court dates will repeat until the charges are no longer before the court.

Failure to attend one’s court date will often result in two things occurring. First, the presiding judge or justice of the peace will issue a bench warrant for the accused person’s arrest. At this point, no future court date will be assigned and the charge(s) before the court will be effectively put on pause.

The second thing that will likely occur is a fresh arrest. Given the active warrant for the person’s arrest, it is generally just a matter of time before police either seek the person out, or find them through a chance encounter such as a routine traffic stop. Once the arrest has taken place the person will usually be held in custody pending a bail hearing and the former criminal charge(s) will become active again along with a new charge of failing to attend court.

It is important to note that a person can be convicted of failing to attend court (and thus end up with a criminal record) even where they are acquitted (found not guilty) of the substantive charge(s) that initially brought them before the court.

If you have missed a court date and believe there could be an outstanding warrant for your arrest it would be in your interest to hire an experienced Criminal Defence Lawyer to assist. They will be able to work with the police and the Crown Attorney to make arrangements for you to turn yourself in in circumstances that will minimize time spent in custody, and in some circumstances, arrange for you to be released directly by the police without the need for a bail hearing. An experienced Criminal Defence Lawyer may also (in some circumstances) be able to arrange for the warrant to be rescinded (withdrawn) and a new court date issued for the old charge(s) without any new arrest or new charges being laid.

Fail to Comply with Release Order

Some people who are charged and released are given more onerous conditions than simply attending court. These can include positive obligations, such as a requirement to check in with a supervisor, or restrictions on liberty, such as orders not to communicate/have contact with certain individuals or a requirement not to leave one’s house.

Breaches of these conditions can come with a myriad of consequences including a fresh arrest and revocation of the existing release (resulting in a return to custody), a new charge of failing to comply with the release condition, and additional proceedings (referred to as estreatment hearings) at which the court could order that money pledged by you and/or your surety be forfeited.

Fail to Comply with Probation Order

A probation order, much like a release order, can include a variety of different conditions, requiring that the person either do (e.g. attend counselling, make a charitable donation, etc.) or not do (e.g. not to contact a particular individual, not to be at a particular place) certain things. Failing to comply with a term of your probation is a criminal offence and will often lead to a criminal charge being laid. An experienced Criminal Defence Lawyer can help guide you through the process should this occur, and will work with you to determine if there are any circumstances such as a mistake of fact, conflicting conditions, or other defences (e.g. duress) that may apply to your situation.

To book your free consultation with a lawyer at SWH Law please click here.