section 490(4)

INTRODUCTION AND BRIEF DESCRIPTION

This section outlines the procedure for the detention and disposal of items seized from an accused individual who has been ordered to stand trial.

SECTION WORDING

490(4) When an accused has been ordered to stand trial, the justice shall forward anything detained pursuant to subsections (1) to (3) to the clerk of the court to which the accused has been ordered to stand trial to be detained by the clerk of the court and disposed of as the court directs.

EXPLANATION

Section 490(4) of the Criminal Code of Canada specifies the procedure to be followed when an accused is ordered to stand trial and any item is detained pursuant to subsections (1) to (3) of section 490. This section requires that when an accused person has been ordered to stand trial for a criminal offense and any item has been detained under subsections (1) to (3) of section 490, the justice who ordered the detention shall forward the item to the clerk of the court where the accused is to stand trial. The clerk will then detain the item on behalf of the court and dispose of it as instructed. Subsections (1) to (3) of section 490 provide for the detention of property that may be involved in or connected to an offense and are relevant to the investigation, trial, or forfeiture proceedings related to the offense. This includes weapons, proceeds of crime, instruments used in the commission of the offense, and items related to the commission of an offense that may pose a danger to the public. The purpose of this detention is to prevent the commission of further offenses, to ensure the accused's appearance in court, and to protect the integrity of the criminal justice system. In the context of the Criminal Code, section 490(4) outlines the proper handling of detained items when an accused person is ordered to stand trial for an offense. The section ensures that the items are safely stored and disposed of according to the court's direction, preventing any potential risks to public safety or judicial fairness. This section also emphasizes the importance of a proper chain of custody, ensuring that evidence is handled securely and properly to maintain its integrity and admissibility in court. Overall, section 490(4) plays a crucial role in the lawful and just prosecution of criminal offenses in Canada.

COMMENTARY

Section 490(4) of the Criminal Code of Canada outlines the proper procedure for the disposal of items that have been detained by police during an investigation. This section applies specifically to criminal cases where the accused has been ordered to stand trial by a judge. Any items that have been detained by the police during an investigation, such as weapons, drugs or other evidence, must be forwarded to the clerk of the court to which the accused has been ordered to stand trial. The clerk of the court will then detain these items and dispose of them as directed by the court. This section of the Criminal Code ensures that evidence gathered by police during an investigation is properly handled and accounted for during the criminal trial process. It provides a clear and regulated process for the storage and disposal of evidence, reducing the risk of misplacement or tampering. Additionally, this section of the Criminal Code, in conjunction with other sections, protects the rights of individuals who have had their property detained during an investigation. Subsections (1) to (3) outline the conditions under which items can be detained, including suspicion of involvement in an offense, the items being evidence of an offense, or the items being used to facilitate an offense. This ensures that property is only detained when there is reasonable suspicion and evidence linking it to a criminal offense. However, it is important to note that this section also highlights the need for efficient and effective management of the trial process. Delayed or backlogged court systems can lead to prolonged detention of items, causing unnecessary stress and inconvenience for both the accused and courts. Furthermore, neglected and unorganized storage of detained items can lead to lost or damaged evidence, potentially derailing a case. Overall, section 490(4) of the Criminal Code of Canada serves an important role in regulating the storage and disposal of evidence during a criminal trial. By ensuring proper handling and accounting of detained materials, this section helps to protect the rights of individuals and maintain the integrity of the justice process.

STRATEGY

Section 490(4) of the Criminal Code of Canada pertains to the detention and disposition of property seized by the police during a criminal investigation. This section is of immense importance for both prosecution and defense as it provides a way to deal with evidence in a controlled and just manner during the pre-trial period. One strategic consideration for an accused person is to challenge the seizure of the property. Under subsections (1) to (3) of Section 490, the police can seize any property that they believe is evidence of an offense. However, the accused has the right to challenge the legality of the seizure if they believe that it was done without a warrant or proper grounds. If the court finds that the seizure was not lawful, then the property will be released to the accused. Therefore, challenging the seizure could be valuable to the defense in terms of recovering property, which could be returned, sold, or used in an alternate manner. Another strategic consideration is to negotiate with the Crown for the early release of the property. If the accused believes that the property is of minimal evidentiary value or poses no risk to society, then they could request the Crown to release the property. This would reduce the burden of the accused and provide them with an opportunity to recover their property, allowing early closure of the case. In some cases, the Crown may agree to release the property if conditions like a surety, bail, or other agreement are met, which could increase the possibility of a plea bargain and decrease the possibility of judicial sentencing. A third strategic consideration is the disposal of the property. Under the Criminal Code of Canada, the court has the power to dispose of any item detained under Section 490(4). The Crown could request the court to sell the property and use the proceeds to compensate victims or pay court costs. Alternatively, the court may order that the property be destroyed for public safety purposes. The accused could also request that the property be returned to them or their legal representative. Therefore, if the accused believes that the property is of no use to the Crown, they could request that the court releases the property to them. In conclusion, Section 490(4) of the Criminal Code of Canada provides guidelines to handle items detained under Section 490 during the pre-trial period. The strategic considerations for the parties involved are to challenge the seizure of property, negotiate with the Crown for the early release of property, and dispose of property as directed by the court. Employing these strategies will help in ensuring a fair and just disposition of property while minimizing the impact on the accused person.