Fail to comply is a separate criminal charge. It applies when a person released on bail or another court order does not follow the attached conditions. The charge is independent of the underlying offence and can result in additional jail time, a harder bail situation going forward, and a separate entry on the criminal record.
What the charge covers
When a court releases an accused person before trial, it typically attaches conditions to that release. Common conditions include curfews, requirements to check in with police or a surety, travel restrictions, prohibitions on contacting certain people or attending certain places, and requirements to abstain from alcohol or drugs. Failing to comply with any of those conditions can lead to a separate Criminal Code charge.
Even where the conditions say nothing explicitly about committing further crimes, being charged with an indictable offence while on release can be treated as a breach of bail.
Penalties
A fail to comply conviction carries a maximum sentence of two years in prison. That sentence can be added to whatever is imposed for the original offence. A breach also makes it harder to obtain bail on future charges. Courts take prior non-compliance seriously when deciding whether to release someone and on what terms.
What to do if a condition is unworkable
Conditions of release are set at the bail hearing, but circumstances can change. A curfew that conflicts with work hours, a no-contact order that affects a shared custody arrangement, or a geographic restriction that interferes with where you can live are all problems that can arise after release. The right way to deal with them is through a formal application to vary the conditions, not by ignoring them. Violating a condition rather than seeking a variation makes the situation significantly worse.
Why courts treat these charges seriously
Courts expect people on bail to follow their conditions. The criminal justice system depends on it. A history of non-compliance makes it harder to obtain bail on future charges and may affect how a judge views the accused at sentencing. Even a minor or technical breach can have real consequences if it comes before the court.
Frequently asked questions
Is fail to comply a criminal charge?
Yes. It is a separate offence under the Criminal Code, entirely distinct from the charge that led to the bail conditions.
Can I go to jail for failing to comply?
Yes. The maximum is two years, and that sentence can run on top of whatever you receive on the underlying charge.
What if I had a genuine reason to breach the condition?
Context can matter. The sooner you speak with a lawyer after an alleged breach, the better positioned you are to present the circumstances clearly.
Can bail conditions be changed?
Yes. A lawyer can apply to vary the conditions if there is a legitimate reason. Courts prefer an application for variation over someone deciding independently to ignore a condition they find difficult.
What happens at a bail hearing for the new charge?
A prior breach can make a new bail hearing more difficult. The Crown may use it to argue for detention. The judge will consider your history of compliance. Having a lawyer at any bail hearing matters.
Speak with a Toronto criminal lawyer
If you have been charged with failing to comply with a bail condition, contact the firm for a free consultation before your next court date.