A bench warrant is a legal order issued directly by a judge when an individual fails to appear in court or follow a specific judicial directive. Unlike standard arrest warrants, these are usually issued in response to a breach of the “administration of justice” rather than a new criminal act.
Facing an active warrant can lead to immediate arrest during routine stops, potential jail time, and a stricter bail hearing process.
Resolving a warrant through voluntary surrender with legal counsel is the most effective way to minimize incarceration and avoid a permanent criminal record for “Failure to Appear”. This is the reality of a bench warrant.
It is a silent legal trap that doesn’t expire and doesn’t go away just because you ignore it. In Saskatchewan, the judicial system takes “failing to appear” as a personal affront to the court’s authority.
If you are worried that a mistake in your past has turned into an active warrant, you need to understand precisely what you are up against.
What Is a Bench Warrant?
A bench warrant is an arrest warrant issued “from the bench” by a judge or justice of the peace.
It authorizes police to arrest a person and bring them before the court immediately. These are most commonly issued when an accused person fails to attend a scheduled court hearing, fails to appear for fingerprinting, or violates a specific court order while on release.
Types of Warrants in Canada: Knowing the Difference
Not all warrants are created equal. Depending on the situation, the “flavour” of your legal trouble can change how the police and the courts treat you.
- Arrest Warrant (First Instance): Issued when the police have reasonable grounds to believe you committed a crime and a judge agrees you should be brought into custody.
- Bench Warrant: Explicitly issued because you didn’t show up to court or didn’t follow the “rules of the game” during an ongoing case.
- Witness Warrant: Even if you aren’t the one accused, a judge can issue a warrant for your arrest if you are a “material witness” who refuses to show up to testify.
- Telewarrant: A warrant obtained by police over the phone or electronically when they need to act fast and can’t get to a courthouse in person.
Discretionary Bench Warrant:
A discretionary bench warrant is a “grace period” offered by a judge. Instead of ordering your immediate arrest, the judge adjourns your case to a new date.
If you appear on the next scheduled date, the warrant will be cancelled (rescinded) as if it never existed. If you miss that second chance, it automatically converts into a whole bench warrant for your arrest.
How Long Do You Stay in Jail for a Bench Warrant?
One of the most common questions people ask a lawyer is:
“If I turn myself in, how long will I be locked up?”
The answer isn’t a fixed number of hours. Under the Criminal Code of Canada, once you are arrested on a bench warrant, the police must bring you before a justice within 24 hours (or as soon as possible).
However, “being brought before a justice” doesn’t mean you are going home. The court now views you as a “flight risk.”
Because you already missed court once, the judge might revoke your bail and keep you in custody until your trial is complete.
Factors Influencing Jail Time When Arrested on a Bench Warrant
| Factor | Impact on Incarceration |
| Voluntary Surrender | High chance of immediate re-release on new conditions |
| Arrest by Police | High chance of being held for a formal bail hearing. |
| Prior FTA (Failure to Appear) | Likely to be denied bail. Seen as a chronic flight risk. |
| Seriousness of Original Charge | DUI or assault warrants are treated more strictly than minor theft. |
| The “Lawful Excuse” | A medical emergency, with proof, can result in an immediate release. |
Consequences by Court Type: From Provincial to Superior
The weight of a bench warrant often depends on which level of court issued it. In Saskatchewan, most matters start in Provincial Court, but serious indictable offences are heard in the Court of King’s Bench.
- Provincial Court: Often deals with summary offences. While still serious, judges here may be more open to a discretionary bench warrant if it’s your first mistake.
- Court of King’s Bench: Dealing with superior court matters is a high-stakes endeavour. A warrant here is a major red flag. If an indictment has been preferred and you disappear, the court can proceed with a trial in your absence (ex parte), meaning you could be convicted without ever saying a word in your defence.
The “Failure to Appear” Charge: A Second Legal Front
A bench warrant isn’t just a tool to get you to court. It often triggers a brand-new criminal charge under Section 145 of the Criminal Code: Failure to Appear (FTA). This is a separate crime from whatever you were initially charged with. Even if you are eventually found “not guilty” of your original DUI or theft, you can still be convicted of the FTA.
It leads to a permanent criminal record, fines up to $5,000, and potential jail time of up to two years.
Proving a “Lawful Excuse”: Your Checklist for the Court
If you missed your court date due to circumstances beyond your control, the law allows for a “lawful excuse.” However, the burden of proof is on you. “I forgot” or “I didn’t have a ride” are rarely accepted.
To successfully argue a lawful excuse in Saskatchewan, you should prepare the following documentation:
Checklist for Rescinding a Warrant:
- Medical Emergencies: A signed certificate from a doctor or nurse practitioner stating you were physically unfit to attend. Hospital discharge papers or ER intake records are even stronger.
- Family Crises: A death certificate, obituary, or hospital records for an immediate family member who required your urgent care.
- Accidents/Breakdowns: A police accident report or a dated tow truck receipt/mechanic’s invoice if your vehicle failed while en route to the courthouse.
- Administrative Errors: Copies of any court notices that contain incorrect dates, times, or locations.
- Incarceration: Records from another jail or correctional facility proving you were physically unable to attend because you were already in custody elsewhere.
Why Professional Legal Help is Non-Negotiable
Trying to resolve a bench warrant on your own is like walking into a storm without an umbrella. If you just show up at the police station, you are surrendering all control.
You might be processed and held over the weekend until a judge is available on Monday.
A seasoned criminal defence lawyer does the heavy lifting for you. They can:
- Negotiate with the Crown: Sometimes the Crown will agree to your release before you even step into the courthouse.
- Verify the Warrant: Sometimes warrants are issued in error. A lawyer can check the CPIC system to see exactly what the police see.
- Build a “Lawful Excuse”: “I forgot” isn’t a legal defence. But “I was misdirected by court staff” or “I had a medical crisis” are arguments a lawyer can use to save your bail.
Take Control Before the System Takes You
If you suspect there is a bench warrant with your name on it, the clock is already ticking. The longer you wait, the more you look like someone trying to evade justice.
This “flight risk” label is what keeps people in jail while they wait for trial.
Don’t wait for a routine traffic stop to turn into a life-changing arrest.
Ready to Clear Your Name?
Facing the court is intimidating, but you don’t have to do it alone. Resolving a warrant proactively is the single best thing you can do for your future.
Contact Regina Criminal Law today for a confidential strategy session.
We can help you navigate the process of surrendering safely, rescinding the warrant, and getting your life back on track without unnecessary jail time.