Criminal Code of Canada - section 145(4) - Failure to Appear or to Comply with Summons

section 145(4)

INTRODUCTION AND BRIEF DESCRIPTION

Failing to appear in court or for the Identification of Criminals Act is a criminal offence punishable by imprisonment.

SECTION WORDING

145(4) Every one who is served with a summons and who fails, without lawful excuse, the proof of which lies on him, to appear at a time and place stated therein, if any, for the purposes of the Identification of Criminals Act or to attend court in accordance therewith, is guilty of (a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or (b) an offence punishable on summary conviction.

EXPLANATION

Section 145(4) of the Criminal Code of Canada is related to the Identification of Criminals Act and the consequences of failing to comply with its requirements. In simple terms, this section imposes a legal obligation on individuals who are served with a summons to appear at a specified time and place for the purposes of the Identification of Criminals Act or to attend court in accordance with it. Failure to comply with this obligation, without lawful excuse, is regarded as a criminal offence, which attracts penal sanctions. This section emphasizes the importance of cooperation with law enforcement agencies and the criminal justice system in identifying and prosecuting criminals. It is imperative for individuals who are responsible for criminal activities to be arrested and brought to justice. The identification of criminals through the means of fingerprints, photographs, and other forms of biometric data helps to positively identify a person's involvement in criminal activity. The maximum penalty for failure to comply with a summons issued under the Identification of Criminals Act is imprisonment for up to two years. The provision of a lawful excuse for not appearing is crucial to avoid the penal sanctions that accompany non-compliance. Examples of lawful excuses may include illness, accidents, or any other reasonable explanations that may hinder compliance. Overall, Section 145(4) of the Criminal Code of Canada underscores the necessity of complying with legal obligations associated with identification of criminals and the consequences of failing to do so. It serves as a deterrent to those who may consider avoiding the legal process and encourages cooperation with law enforcement agencies in the fight against criminal activities.

COMMENTARY

Section 145(4) of the Criminal Code of Canada deals with the failure of an individual to appear in court or comply with a summons issued under the Identification of Criminals Act. The section makes it a criminal offence to fail to appear, without lawful excuse, in response to a summons that requires a person to attend court or submit to identification procedures specified under the Identification of Criminals Act. The Identification of Criminals Act allows law enforcement agencies to obtain fingerprints, photographs, and other identifying information from individuals suspected of committing an offence. The Act also establishes procedures for conducting identification line-ups and administering polygraph tests. The Criminal Code makes it clear that failing to appear in response to a summons or neglecting to comply with the Identification of Criminals Act is a serious offence that can result in a term of imprisonment. The punishment for the offence depends on whether it is charged and prosecuted as an indictable offence or as a summary conviction. The seriousness of the penalty for the offence reflects the importance of complying with court orders and legal requirements. It is a cornerstone of our legal system that individuals must comply with court orders and legal requirements in order for the administration of justice to function effectively. Failure to comply with these legal obligations undermines the foundation of our legal system and betrays the trust placed in individuals to respect and obey the law. The authorities must be able to identify individuals suspected of committing criminal offences in order to prosecute them in a court of law. The Identification of Criminals Act provides important tools for criminal investigations, but to be effective, those tools must be used in accordance with the law. Individuals who refuse to comply with identification procedures or court orders can impede criminal investigations and interfere with the administration of justice. Such individuals might attempt to hide their identity or evade the law altogether, resulting in a delay or obstruction of justice. The seriousness of these potential consequences cannot be understated. The criminal justice system relies on individuals to respect and obey its laws and procedures. The failure to comply with court orders, including to appear in court or comply with the Identification of Criminals Act, undermines the rule of law upon which our society depends. For this reason, the Criminal Code provides for harsh penalties for those who fail to comply with these legal obligations. In conclusion, Section 145(4) of the Criminal Code of Canada plays an essential role in maintaining the rule of law by ensuring that individuals who are served with a summons or required to comply with the Identification of Criminals Act respect and obey these legal obligations. Failure to comply with these legal obligations is a serious offence that can result in imprisonment, reflecting the importance of these legal requirements for the functioning of our legal system and the administration of justice.

STRATEGY

Section 145(4) of the Criminal Code of Canada is a provision that makes it an offence not to appear in court or attend identification procedures as required by a summons. This provision is aimed at ensuring that criminals are identified and prosecuted, and that justice is served fairly and efficiently. However, there are several strategic considerations that should be taken into account when dealing with this provision of the Criminal Code. Firstly, it is important to understand the circumstances under which this provision can be triggered. This section applies when a person is served with a summons to appear in court or attend identification procedures, and they fail to do so without lawful excuse. This means that if a person has a genuine reason for not being able to attend, such as illness or other unavoidable circumstances, they may have a lawful excuse and may not be guilty of the offence. Secondly, it is important to consider the penalties that may be imposed if a person is found guilty of this offence. If convicted of an indictable offence, a person may be sentenced to up to two years in prison. If convicted of an offence punishable on summary conviction, a person may face a maximum sentence of six months in jail and/or a fine of up to $5,000. These penalties can have serious consequences and should be taken into account when deciding whether to plead guilty or contest the charge. Thirdly, it is important to consider the strength of the evidence against the accused. In order to secure a conviction under section 145(4), the prosecution must prove beyond a reasonable doubt that the accused failed to appear without a lawful excuse. This can be difficult to prove, particularly if the accused has a legitimate reason for their non-appearance. If the evidence against the accused is weak, it may be possible to mount a successful defence and have the charges dismissed. Fourthly, it is important to consider the potential impact of a conviction on the accused's future. A conviction for failing to appear in court or attend identification procedures can have serious consequences, such as a criminal record, difficulty finding employment, and limitations on travel. These consequences should be taken into account when deciding whether to plead guilty or fight the charges. There are several strategies that can be employed when dealing with charges under section 145(4) of the Criminal Code. One strategy is to gather evidence to support a lawful excuse for the accused's non-appearance, such as medical records or witness statements. Another strategy is to challenge the prosecution's evidence, such as by arguing that the accused did attend as required or that the prosecution has failed to prove their case beyond a reasonable doubt. Additionally, it may be possible to negotiate with the prosecution to have the charges reduced or withdrawn, particularly if the evidence against the accused is weak. In conclusion, section 145(4) of the Criminal Code is a provision that can have serious consequences for those who fail to appear in court or attend identification procedures as required. When dealing with charges under this section, it is important to consider the circumstances of the case, the potential penalties, the strength of the evidence, and the potential impact of a conviction. Employing strategies such as gathering evidence, challenging the prosecution's evidence, and negotiating with the prosecution can help to mitigate the potential consequences of a conviction.