INTRODUCTION AND BRIEF DESCRIPTION
This section outlines the legal consequences for failing to appear in court or for identification purposes as stated in an appearance notice, promise to appear, or recognizance.
SECTION WORDING
145(5) Every person who is named in an appearance notice or promise to appear, or in a recognizance entered into before an officer in charge or another peace officer, that has been confirmed by a justice under section 508 and who fails, without lawful excuse, the proof of which lies on the person, to appear at the 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(5) of the Criminal Code of Canada criminalizes the failure of a person to appear at the time and place stated in their appearance notice, promise to appear or recognizance without a lawful excuse. The legislation requires individuals to appear in court for the purpose of the Identification of Criminals Act or any other court proceeding as is required. The burden of proving that a person had a lawful excuse for failing to appear lies on the individual themselves. This section aims to ensure that all individuals named in an appearance notice, promise to appear or recognizance, show up when required by the court. In cases where an individual fails to appear, they will be subject to a sentence of up to two years imprisonment if the offence is deemed indictable or a summary conviction for less serious offences. This section's primary intention is to ensure that defendants are accountable for their court proceedings and cannot evade the justice system. The section ensures that individuals are held responsible for their actions, regardless of the severity of the crime. It also upholds the justice system's authority by requiring defendants to attend court proceedings, as outlined in the aforementioned legal documents. In essence, this section emphasizes the importance of accountability, responsibility, and respect for court processes in the criminal justice system.
COMMENTARY
Section 145(5) of the Criminal Code of Canada deals with the offence of failing to appear in court or attend identification procedures as required by an appearance notice, promise to appear, or recognizance. The offence is a serious one, with potential penalties of up to two years imprisonment for an indictable offence or a fine and/or imprisonment for a summary conviction. The purpose of this section is to ensure that individuals who are required to attend court or identification procedures do so, and that they take their legal obligations seriously. Failure to appear can cause significant delays and disruptions to the legal process, and can result in additional costs for the parties involved. It can also result in a loss of public confidence in the justice system, as people may perceive it as being ineffective if individuals are able to avoid their legal obligations without consequence. The offence requires that the individual has no lawful excuse for their failure to appear. This means that they cannot simply claim that they forgot, or that they were unable to attend due to circumstances beyond their control. They must have a legitimate reason for not attending, such as illness, injury, or a family emergency. It is worth noting that individuals who have failed to appear may still be able to avoid criminal charges if they turn themselves in to the police or attend court voluntarily. This can help to mitigate the impact of their failure to appear and show that they are taking their legal responsibilities seriously. Overall, section 145(5) of the Criminal Code of Canada serves an important function in ensuring that individuals attend court and identification procedures as required. By imposing serious penalties for failing to do so, it helps to maintain the integrity of the justice system and promote public confidence in its ability to administer justice fairly and effectively.
STRATEGY
Section 145(5) of the Criminal Code of Canada is a provision that criminalizes failure to appear in court or obeying bail conditions. This section is an important instrument in ensuring that accused persons attend court proceedings and comply with the conditions of their release, which is critical for the administration of justice. Strategic Considerations When dealing with Section 145(5) of the Criminal Code of Canada, several strategic considerations should be taken into account by both the accused and the prosecutor. Some of these considerations include the following: 1. Proof of Lawful Excuse The onus of proving lawful excuse for failing to appear in court or comply with bail conditions lie with the accused. The accused must show that there was a valid reason for their non-compliance, such as a medical emergency or an unavoidable event. Therefore, it is vital for the accused to gather evidence and prepare a compelling argument to establish their lawful excuse. 2. Mitigating Factors If the accused is found guilty of failing to appear, the court may consider mitigating factors such as the accused's prior criminal record, their background, and the seriousness of the alleged offence. It is important for the accused to present mitigating factors to the court, either through legal representation or by self-representation. 3. Sentencing Options Section 145(5) of the Criminal Code of Canada provides for both indictable and summary conviction offences, and the accused will be sentenced accordingly. The maximum penalty for an indictable offence is two years imprisonment, while those convicted of a summary conviction offence can face up to six months imprisonment and/or fines. When negotiating a plea or arguing for a lesser sentence, it's important for the accused to understand the sentencing options available and work closely with their legal representation to consider which route is best for them. Strategies Effective strategies for dealing with Section 145(5) of the Criminal Code of Canada include: 1. Complying with Court Orders The most effective way to avoid being charged under Section 145(5) is to comply with court orders, such as attending court appearances and complying with bail conditions. An accused person who follows court orders will have a better chance of avoiding additional charges or the imposition of stricter bail conditions. 2. Securing Legal Representation It's essential to have competent and experienced legal representation when dealing with charges related to failing to appear in court or breach of bail conditions. A lawyer can help the accused navigate the legal process, build a strong defense, and negotiate risk and benefit analysis along the way. 3. Negotiating a Plea If the accused person has a credible defense, they may consider negotiating a plea agreement with the prosecution. In some cases, the crown may be amenable to a plea bargain that can lead to a less severe form of punishment. A plea bargain may be appropriate in cases where the strength of the evidence against the accused is not strong. Conclusion Section 145(5) of the Criminal Code of Canada is a crucial provision that ensures that accused persons attend court proceedings and comply with bail conditions. However, strategic considerations and effective strategies must be employed when dealing with the section of the criminal code. Following court orders, securing legal representation, negotiating a plea agreement are some of the most effective strategies for handling charges related to Section 145(5) of the Criminal Code of Canada.