Criminal Code of Canada - section 475(1) - Accused absconding during trial

section 475(1)

INTRODUCTION AND BRIEF DESCRIPTION

This section allows for the continuation of a trial and sentencing in the absence of an accused who has absconded during the course of their trial.

SECTION WORDING

475(1) Notwithstanding any other provision of this Act, where an accused, whether or not he is charged jointly with another, absconds during the course of his trial, (a) he shall be deemed to have waived his right to be present at his trial, and (b) the court may (i) continue the trial and proceed to a judgment or verdict and, if it finds the accused guilty, impose a sentence on him in his absence, or (ii) if a warrant in Form 7 is issued for the arrest of the accused, adjourn the trial to await his appearance, but where the trial is adjourned pursuant to subparagraph (b)(ii), the court may, at any time, continue the trial if it is satisfied that it is no longer in the interests of justice to await the appearance of the accused.

EXPLANATION

Section 475(1) of the Criminal Code of Canada provides for the situation where an accused person absconds, or disappears, during the course of their trial. This section applies regardless of whether the accused is charged jointly with others or not. If the accused absconds, they are deemed to have waived their right to be present at their trial. The court has two options in this situation. Firstly, the court may continue the trial and proceed to a judgement or verdict in the absence of the accused. If the accused is found guilty, the court may then impose a sentence on them in their absence. Secondly, if a warrant is issued for the arrest of the accused, the trial may be adjourned to await their appearance. However, the court has the discretion to continue the trial at any time if it is satisfied that waiting for the accused to appear is no longer in the interests of justice. This section serves as a safeguard against accused persons avoiding the consequences of their actions by disappearing during their trial. It allows the trial to continue in their absence if they choose to abscond, ensuring that justice is still served. However, the court must balance this with the accused's right to appear and participate in their trial, and must only proceed in their absence if it is deemed to be in the interests of justice.

COMMENTARY

Section 475(1) of the Criminal Code of Canada provides for the course of action to be taken by the court when an accused absconds during the course of his trial. The section is distinct in that it deviates from the traditional approach to a criminal trial where the accused enjoys the right to be present at his trial. The law recognizes that an accused person may abscond during the trial, and as a result, the trial may not conclude. Therefore, the law provides the option for the court to continue the trial and proceed to a judgment or verdict or adjourn the trial to await the accused appearance. The provision begins by stating that an accused who absconds during the trial is deemed to have waived his right to be present at the trial. This provision puts the onus on the accused to remain present throughout the trial. Should the accused abscond, he forfeits his right to be present, and the court may proceed in his absence. This provision aims to ensure that the trial is not unduly delayed, and proceedings can continue with or without the presence of the accused. The law provides two courses of action that the court may take after the accused absconds during the trial. The court may continue with the trial proceeding to a judgment or verdict and imposing a sentence on the accused in his absence. Alternatively, the court may adjourn the trial to await the accused's appearance, where a warrant is issued for the arrest of the accused. Where an adjournment is taken, the court may continue with the trial if it deems it no longer in the interests of justice to await the accused's appearance. This provision is to ensure that the trial does not drag on for an extended period, and justice is served within a reasonable time. This approach is intended to prevent the trial from becoming protracted, and it allows the court to move on with the matter. In light of the above, Section 475(1) of the Criminal Code of Canada plays a crucial role in ensuring that the trial process is not unduly delayed by the absence of the accused. It promotes the expeditious conclusion of criminal trials and ensures that justice is served within a reasonable time. It is essential to note that this provision only applies when the accused absconds during the trial, and it is not a blanket waiver of the right to be present at one's trial. It is also imperative to note that the court must be satisfied that it is in the interests of justice to continue the trial in the accused's absence. Therefore, the court must exercise discretion and balance the interests of justice with the accused's rights.

STRATEGY

Section 475(1) of the Criminal Code of Canada can be a powerful tool for the prosecution in cases where the accused absconds during trial. The section provides the court with the power to continue the trial and proceed to a judgment or verdict in the absence of the accused, or to adjourn the trial to await the accused's appearance. One of the main strategic considerations when dealing with this section is whether to proceed with the trial in the absence of the accused. This decision will depend on a number of factors, including the strength of the prosecution's case, the nature of the charges, and the potential consequences of a guilty verdict for the accused. If the prosecution has a strong case and the charges are serious, it may be in their best interest to proceed with the trial in the absence of the accused. This can send a message to other potential accused that they cannot evade justice by absconding, and can also prevent the accused from benefiting from the delay tactics that they may have employed by absconding. However, there are also risks associated with proceeding with the trial in the absence of the accused. If the accused is eventually apprehended and brought to trial, there is a risk that they could argue that they were not given a fair trial because they were not present to defend themselves. This could potentially lead to a successful appeal of the conviction. Another strategic consideration when dealing with this section is how to locate and apprehend the accused. Strategies for apprehending an absconded accused could include working with law enforcement agencies, offering rewards for information leading to the accused's arrest, and using social media and other online platforms to disseminate information about the case. It may also be wise to consider plea negotiations with the accused, particularly if the accused is facing serious charges and the prosecution's case is strong. By offering a plea deal, the prosecution may be able to secure a conviction without the need for a trial in the absence of the accused. Overall, the decision whether to proceed with a trial in the absence of an accused who has absconded will depend on the particular circumstances of each case. However, by keeping the above strategic considerations in mind, the prosecution can make informed decisions and take appropriate action to ensure that justice is served.