Detention or release of the perpetrator of a crime

Once the police have identified a suspect for the crime reported by the victim, there are 3 possibilities, depending on the seriousness of the crime.

No arrest

The police may decide not to arrest the suspect.

If charges are laid, the suspect will receive an official document requiring him or her to appear in court on a specific date.

Arrest followed quickly by release

The police may arrest and then quickly release the suspect.

In this case, the suspect will also receive an official document requiring him or her to appear in court on a specific date. The police may impose conditions in order to protect you.

The police will explain these conditions, such as a no-contact order that prevents the suspect from contacting you. You can report the suspect to the police if he or she fails to comply with the conditions.

You should not hesitate to contact the police if you have any fears for your own safety because of the suspect’s behaviour.

Detention

The police may detain the suspect (place the suspect in custody) until he or she can appear before a judge.

At this court appearance (the bail hearing), the criminal and penal prosecuting attorney (the prosecutor) will state whether or not the prosecution opposes the suspect’s release.

A prosecutor (also known as a Crown prosecutor or Crown attorney) is a lawyer working for the Director of Criminal and Penal Prosecutions (Directeur des poursuites criminelles et pénales, or DPCP).

Prosecutors receive requests to lay charges and investigation files from the police.

They then decide, in each case, whether to lay charges on behalf of the Québec state.

If the prosecutor opposes the suspect’s release, a hearing is held to allow the judge to decide

• if the suspect should be held in custody until the end of the proceedings; or
• if the suspect can be released on certain conditions.

Decision by a victim of domestic violence not to proceed with the court process

If you decide not to become involved in the court process as a victim of domestic violence, and if the prosecutor has no evidence apart from your testimony, then he or she will ask the police to temporarily release the suspect.

The suspect will be required to comply with certain conditions, to ensure your safety.

A suspect who has been in custody since being arrested must appear before a judge within 24 hours after the arrest.

A prosecutor is present at the appearance, and you may also attend.

At the appearance (the bail hearing), the judge reads out the charges against the suspect. The prosecutor either agrees to or opposes the release of the suspect, now known as the accused.

The prosecutor’s decision to oppose bail will be based on several factors, including your safety.

The prosecutor may ask for the accused to be released only after undertaking to comply with specific conditions, such as a ban on

• contacting you;
• possessing, carrying or buying firearms, ammunition or explosives;
• going to your home, place of work, school, etc.

The conditions must be reasonable in light of the circumstances of the crime.

The accused must comply with all the conditions until the end of the court proceedings.

If the accused is not released, he or she will remain in custody until the trial or the next stage in the proceedings.

The prosecutor may ask the judge to prohibit the accused from contacting you, even if he or she is in custody during the proceedings.

Find out more about no-contact orders and how to change the conditions

To find out what conditions an accused must comply with on release, contact the prosecutor dealing with your case.

You can also

• contact the caseworker at the crime victims assistance centre (CAVAC)  who is monitoring your case;
• view the records held at the courthouse, free of charge.

The records are held in a public register of all civil, criminal and penal cases before the courts in Québec.

Find a courthouse (in French only) 

When deciding whether or not to recommend the release of a person charged with domestic violence, the prosecutor looks at

• the risk presented by the accused;
• the fact that you fear further violence from the accused;
• evidence of a situation of coercive control, especially after a separation;
• any information indicating that a child has been subjected to or has witnessed threats or violence by the accused;
• any disagreement about child custody or visiting rights;
• any decision made by a judge concerning custody of your children or visiting rights for the accused.

Your safety will be the main focus of the decision made by the prosecutor.

The prosecutor will also pay special attention to the conditions needed to ensure the safety of any children affected by a situation of domestic violence.

To ensure your own safety and the safety of your children, the prosecutor may ask the judge to make specific orders, for example to prohibit the accused from

• possessing, carrying or buying firearms, ammunition or explosives;
• contacting you or your close family members, being in the same place as you or in a place you visit frequently (no-contact order).