If you are facing administration of justice charges, you need a criminal defence lawyer in Calgary to look at your case as soon as possible.

Administration of justice offences are crimes that make it hard for the legal system to do its job.

For instance, it is against the law to not follow court orders, break bail conditions, not show up in court, or get in the way of justice.

The most common crime against the justice system is not following a release order or a probation order. This happens when someone doesn’t do what a court says they have to do, like stay home at night, not contact someone, or report to the police. The Crown can charge this as either an indictable or summary offence, depending on how serious the offence was.

If prosecuted by indictment, failing to comply with orders carries a maximum punishment of 2 years imprisonment. If prosecuted summarily, it carries a maximum of 6 months imprisonment and/or a fine of up to $5,000.

Another serious administration of justice offence is obstructing justice under Section 139, which includes interfering with witnesses or evidence. This is primarily an indictable offence carrying a maximum punishment of 10 years’ imprisonment for the most serious cases, though it can be prosecuted summarily in less serious situations.

Even if the original charge was minor, these new offences can have a significant effect on a person’s criminal record and how likely they are to get bail in the future.

Strategic Criminal Defence is a top Google-rated criminal defence firm in Calgary, with over 500 5-star reviews. Our firm, and our experienced legal team, have defended clients in over 10,000 criminal cases. Leveraging our extensive network of lawyers and decades of experience, we craft defence strategies to help those accused of administration of justice offences beat the charge.

The lawyers at Strategic Criminal Defence are both highly experienced and dedicated to defending your rights and future in the face of these charges. Contact a lawyer today by calling (403) 719-6410.

Key Takeaways

  • Administration of justice offences include failing to comply with court orders, breaching bail or probation conditions, failing to attend court, and obstructing justice.
  • Most administration of justice offences are hybrid, meaning the Crown can choose to prosecute them as either indictable (more serious) or summary (less serious).
  • Maximum jail sentences range from 2 years for failing to comply with orders to 10 years for obstruction of justice if prosecuted by indictment.
  • If prosecuted summarily, most of these offences carry maximums of 6 months in jail and/or $5,000 in fines.
  • Bail conditions for people charged with these offences are often stricter than their original conditions, and may include house arrest, curfews, or electronic monitoring.
  • These charges can definitely be beaten with proper legal defence, especially if you had a legitimate reason for the breach (like a medical emergency).
  • Even if the evidence is strong, these charges can often be resolved through negotiations with the Crown for reduced charges or alternative measures.
  • A conviction for an administration of justice offence can make it much harder to get bail in the future, even for minor charges.

How Our Lawyers Help With an Administration of Justice Charge

Our team can help you a lot if you’re being charged with things like not following court orders or breaking conditions. Sometimes these charges are based on actions that were misinterpreted or couldn’t be helped. Our lawyers can help you explain your side of the story in a way that makes sense.

  • Our lawyers can help you figure out how to explain why you broke the rules before charges are officially filed. For example, if you had a medical emergency or didn’t understand the exact terms of your conditions.
  • We can also help you go to court proactively to change with any conditions that are hard for you to meet.
  • Our team can collect documents like medical records that show you were in the hospital when you missed a court date, employment records that show why you couldn’t make a reporting appointment, or proof that there was a misunderstanding about your conditions. These help build your case.
  • Our lawyers will help you deal with the criminal justice system by filing the right papers to fix bad situations, representing you at bail hearings, and talking to Crown prosecutors about options like peace bonds or withdrawals for good reasons.

During the trial, our team will try to show that you had a good reason for what looked like a breach or that you didn’t actually break the condition as claimed. We can ask police witnesses how well they know about your situation and challenge any assumptions they make about your actions.

Examples of Administration of Justice Offences

These are some things that could get you in trouble with the law in Calgary: 

  • A man who was accused of stealing from a store was let go with the promise that he would show up in court on March 15. He thought he had to be there on March 25th because he wrote down the wrong date. The judge issued a bench warrant for his arrest when he didn’t show up on the 15th. Two weeks later, police stopped him for a routine traffic stop and found the warrant. He was charged with not going to court, which is against the law.
  • A woman was charged with assault after breaking a no-contact order and getting into a fight with her roommate. The court let her go, but she had to follow some rules, like not being able to talk to her roommate directly or indirectly. She went to a friend’s birthday party six weeks later, not knowing that her roommate would be there. She decided to stay when she saw her roommate across the room. The police were called by someone at the party. People said she broke the rules of her release. This new charge is in addition to the one she already had for assault.
  • A student was on probation for spray-painting graffiti on a building that was open to the public. As part of his probation, he had to stay home every day from 10:00 PM to 6:00 AM. His sister had a medical emergency one night at 11:30, so he took her to the hospital. The student had already talked to a police officer at the hospital and knew he had to be home by a certain time. The student was honest about the emergency, but he was still charged with not following his probation order.

Consequences of an Administration of Justice Offence

  • A lot of crimes against the justice system are hybrid offences. This means that the Crown prosecutor can decide to charge them with either less serious summary offences or more serious indictable offences, depending on the situation.
  • You could go to jail for up to two years if you don’t follow the rules of your bail or court orders. If you are charged with a crime summarily, you could go to jail for up to six months or pay a fine of up to $5,000.
  • If you don’t go to court when you’re supposed to, you could spend up to two years in jail if you’re charged by indictment. If you are charged summarily, you could spend up to six months in jail and/or pay a fine of up to $5,000.
  • If you are convicted of a more serious crime of obstructing justice, and are charged by indictment, you could spend up to ten years in jail. If you are found guilty of the crime summarily, you could go to jail for up to two years and/or pay a fine of up to $5,000.
  • Most crimes that have to do with the justice system don’t have minimum sentences. This means that judges can give you sentences that range from no criminal record to more significant penalties, depending on how serious the crime was and your own situation.

In addition to the direct punishments, crimes against the administration of justice make it much harder to get bail in the future because judges are less likely to believe you will follow court orders. If you are let out again, they might make your bail conditions stricter. Most of the time, they mean that your original bail has been cancelled, which means you might have to spend time in jail before your trial.

Administration of Justice Offence Defences

If you are accused of a crime against the administration of justice, you may have a legal defence you can use.

Here are some common defences that might apply: 

  • There are times when you can’t follow court orders no matter how hard you try. If you missed a court date because you had to go to the hospital right away for a medical emergency or if you broke your curfew because your child needed medical help right away, you could have a defence. The most important thing was that the situation had to be truly urgent and unavoidable.
  • The Crown must show that you broke your conditions on purpose and knew what you were doing. If you can show that you really didn’t know about a certain condition or requirement, you might have a defence.
  • In some situations like when they break curfew or go into a no-go zone, the Crown have to prove beyond a reasonable doubt that you were the one who broke the condition. If there is doubt about who someone is, this can be another defence.

Administration of Justice Charge Investigation

  • If you break your curfew, the police might come to your house at random times to see if you’re following the rules. They’ll write down that you weren’t where you were supposed to be, and they might arrest you right away or get a warrant.
  • If you don’t go to court, the court record will show that a bench warrant was issued right away.
  • When the police look into these crimes, they will look at the evidence of what you did and compare it to the exact terms of your court order. They will also check to see if you were given the right information about these terms and understood them.
  • The police often arrest people right away for administration of justice offences when they break the law. In other crimes, police usually gather evidence before making an arrest.
  • If police know you broke your conditions, they will either let you go with a court date or keep you until a bail hearing. This will depend on how serious the breach was and how well you’ve followed the rules in the past.

Bail Conditions for Administration of Justice Offence Charges

It is much harder to get out on bail if you are accused of breaking a court order or missing a court date. If you get bail, you’ll likely have to follow stricter rules than the ones you broke.

  • You will likely have to see your bail supervisor more often, maybe once a week instead of once a month.
  • Your new bail conditions will probably include stricter rules about staying at home if you broke a curfew conditions. You might have to stay home most of the time, except when you go to work, the doctor, or meet with your lawyer.
  • People who commit these offences over and over again are often required by courts to be electronically monitored. This means you have to wear an ankle bracelet that tells you where you are at all times.
  • A lot of the time, courts want a responsible third party to agree to keep an eye on you and tell them if you break the law. This person must sign court papers saying they agree to this duty and promise to tell the court if they break the law.
  • Your bail conditions will clearly say that you could be held until your trial if you break them again.
  • This means that if you break the law again, you will probably have to stay in jail until your court date.

For more information, visit our page on The Bail Hearing Process in Calgary

Frequently Asked Questions

If you don’t do what the court says or get in the way of the justice system, you are breaking the law. Here are some common ones:

  • For instance, breaching release conditions
  • Not showing up for court when you were supposed to
  • Not seeing your probation officer or bail supervisor when asked to
  • Obstructing justice means getting in the way of witnesses or evidence.
  • Perjury is when you lie under oath.

Yes, you could go to jail for breaking a condition, even if you didn’t mean to or had a good reason. But these things are very important for your defence.

There is a “reasonable excuse” defence for crimes that have to do with the justice system. If you had a good reason to break your condition, like a medical emergency, you might not be guilty. In general, forgetting about your condition or finding it inconvenient are not good reasons.

Not necessarily, but it is likely.

The most important thing is what kind of breach it is and how severe it was. There are different ways to handle minor technical violations, like being 15 minutes late for curfew once, and major violations, like calling someone you were told to stay away from. The court will also look at how well you’ve followed the rules in the past. If you’ve been following the rules perfectly for months and then break them for the first time, you’re more likely to get bail than if you break them more than once.