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Do you have to deposit money with the court?

Region: Ontario Answer # 753

A surety rarely has to deposit money with the court. A judge can order a cash payment to be made to the Court under two sections of the Criminal Code. First, under section 515(2)(d), a judge can order that cash be deposited regardless of whether the accused promises to pay a specified amount if they fail to comply with a condition of the order. Second, under section 515(2)(e), a cash deposit is required whenever an accused is not ordinarily a resident in the province in which he or she is charged; or does not ordinarily reside within 200 kilometres of the place in which he or she is in custody. If you have been charged with a crime, it is important to hire an experienced criminal defence lawyer as soon as possible.

In British Columbia, this section of the Criminal Code has been found to violate section 11 of the Canadian Charter of Rights and Freedoms, in the rest of the country this section operates as worded. In practice, if a judge or justice of the peace indicates that he or she wishes to release an accused on a cash bail, the prosecutor will almost always agree.

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