section 485(1.1)

INTRODUCTION AND BRIEF DESCRIPTION

Jurisdiction over an accused is not lost if they fail to appear in person, as long as certain conditions of the Criminal Code or court rules apply.

SECTION WORDING

485(1.1) Jurisdiction over an accused is not lost by reason of the failure of the accused to appear personally, so long as subsection 515(2.2), paragraph 537(1)(j), (j.1) or (k), subsection 650(1.1) or (1.2), paragraph 650(2)(b) or 650.01(3)(a), subsection 683(2.1) or 688(2.1) or a rule of court made under section 482 or 482.1 applies.

EXPLANATION

Section 485(1.1) of the Criminal Code of Canada is an important provision that deals with the jurisdiction of courts over accused persons who have failed to appear in person before the court. In simple terms, this provision states that the failure of an accused person to appear in person does not necessarily mean that the court loses jurisdiction over them. To understand the significance of this provision, it is important to consider the background and context in which it operates. The Criminal Code of Canada is a federal law that governs criminal justice and sets out the procedures and rules governing criminal prosecutions in Canada. One of the key aspects of criminal justice is the requirement that an accused person must appear in court to face the charges against them. This is a fundamental principle of the Canadian justice system, as it ensures that the accused person has an opportunity to defend themselves against the allegations made against them. However, there may be situations where an accused person fails to appear in court for various reasons, such as health issues, transportation problems, or other emergencies. In such cases, the question arises as to whether the court still has jurisdiction over the accused person, or whether their absence means that the charges against them must be dropped or dismissed. Section 485(1.1) provides clarity on this matter by stating that the court retains jurisdiction over the accused person even if they fail to appear in person, provided that certain conditions are met. These conditions include provisions of the criminal code such as subsection 515(2.2), which deals with the release of an accused person on an undertaking, and subsection 650(1.1) and (1.2), which deal with the trial of an accused person in their absence. Other provisions mentioned in Section 485(1.1) include paragraphs 537(1)(j), (j.1) or (k), subsection 650(2)(b) or 650.01(3)(a), subsection 683(2.1) or 688(2.1) or a rule of court made under section 482 or 482.1. Overall, the purpose of Section 485(1.1) is to ensure that the court's jurisdiction over an accused person is not compromised simply because of their failure to appear in person. This provision underscores the importance of ensuring that accused persons are given a fair and impartial trial, and that justice is served in a manner that is consistent with the values and principles of the Canadian justice system.

COMMENTARY

Section 485(1.1) of the Criminal Code of Canada deals with the jurisdiction of a court over an accused individual who has failed to appear in person. This section makes it clear that even if an accused person fails to appear personally, the court maintains its jurisdiction over them, subject to the provisions outlined in subsections 515(2.2), paragraph 537(1)(j), (j.1) or (k), subsections 650(1.1) or (1.2), paragraph 650(2)(b) or 650.01(3)(a), subsections 683(2.1) or 688(2.1), or a rule of court made under section 482 or 482.1 of the Criminal Code. There may be a number of reasons why an accused person fails to appear in person. For example, they may be unable to attend the court proceedings due to illness, transportation difficulties, or other personal circumstances. Alternatively, they may simply choose not to attend, perhaps because they believe that they will receive a more favorable outcome if they do not appear in person. Regardless of the reason, this section of the Criminal Code makes it clear that the court still has jurisdiction over the accused, and can proceed with the case in their absence. It is important to note, however, that the court's jurisdiction is subject to certain conditions outlined in the other subsections of the Criminal Code listed above. For example, subsection 515(2.2) outlines the circumstances under which an accused person can be released on bail even if they have failed to appear in person. Similarly, paragraph 537(1)(j) outlines situations in which a court can order a new trial if the accused person was absent for the initial trial. Subsections 650(1.1) and (1.2) outline the process for appointing a lawyer for an accused person who has failed to appear in person. Overall, this section of the Criminal Code of Canada serves an important purpose in ensuring that the court maintains jurisdiction over an accused person, even if they are not present at the court proceedings. This helps to ensure that justice can be served and that cases can proceed, even in situations where an accused person is unable or unwilling to attend in person. However, it also recognizes that there may be situations where an accused person has a valid reason for not appearing in person, and provides for protections and procedures that can be used in such cases.

STRATEGY

Section 485(1.1) is a provision in the Criminal Code of Canada that allows for the continued jurisdiction over an accused even when they fail to appear personally in court. This section is particularly relevant in cases where an accused is facing serious criminal charges and may be a flight risk. One strategic consideration when dealing with this section of the Criminal Code is the need for careful planning and preparation. It is important for the prosecution to have a solid case with strong evidence to minimize the possibility of an accused fleeing and to ensure that jurisdiction is maintained even if the accused fails to appear in court. Another strategic consideration is the role of the court in determining whether subsection 515(2.2), paragraph 537(1)(j), (j.1) or (k), subsection 650(1.1) or (1.2), paragraph 650(2)(b) or 650.01(3)(a), subsection 683(2.1) or 688(2.1) or a rule of court made under section 482 or 482.1 applies. The court may exercise its discretion to grant or deny bail based on a number of factors, including the seriousness of the charges, the accused's criminal record, and their likelihood to flee. To address the possibility of an accused failing to appear in court, a number of strategies could be employed. One approach could be to employ surveillance on the accused to monitor their movements and ensure that they do not flee. Another strategy could be to leverage the assistance of law enforcement agencies in other jurisdictions to locate and apprehend the accused in the event they flee. Additionally, it may be possible to negotiate a plea bargain with the accused to avoid the need for a trial, which could reduce the risk of the accused fleeing. Plea bargaining can also lead to reduced charges and a shorter sentence, which may be beneficial for both the prosecution and the accused. Overall, strategic considerations when dealing with section 485(1.1) of the Criminal Code of Canada should focus on ensuring that the accused is brought to justice and that the jurisdiction over them is not lost due to their failure to appear in court. By carefully planning and preparing a strong case, leveraging available resources, and exploring all legal options, it may be possible to mitigate the risks associated with an accused who is a flight risk, and ensure that justice is served.