In Custody and Release

If you have been taken into police custody, you could be put into a provincial correctional centre or held at the police station.

You have the right to speak to a lawyer without delay. The police must let you use the phone as long as you need to so you can make a reasonable effort to speak to a lawyer. If you have been arrested for a hybrid or indictable (more serious) offence, the police have the right to take your fingerprints, as well as your picture and measurements. The police may decide to release you but, if they do not, you must be brought to court within 24 hours of being arrested.

If you do not have a lawyer when you appear in court, there will be a lawyer in court who can help you. The lawyer is called the duty counsel and will be able to help you with your first court appearance, which could be a bail hearing. The court will decide if you will be held in custody or released while you are awaiting trial.

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