INTRODUCTION AND BRIEF DESCRIPTION
This section outlines the options for releasing a person who has been arrested without a warrant for a minor offence and has not been taken before a justice or released under another provision.
SECTION WORDING
498(1) Subject to subsection (1.1), if a person who has been arrested without warrant by a peace officer is taken into custody, or if a person who has been arrested without warrant and delivered to a peace officer under subsection 494(3) or placed in the custody of a peace officer under subsection 163.5(3) of the Customs Act is detained in custody under subsection 503(1) for an offence described in paragraph 496(a), (b) or (c), or any other offence that is punishable by imprisonment for five years or less, and has not been taken before a justice or released from custody under any other provision of this Part, the officer in charge or another peace officer shall, as soon as practicable, (a) release the person with the intention of compelling their appearance by way of summons; (b) release the person on their giving a promise to appear; (c) release the person on the person’s entering into a recognizance before the officer in charge or another peace officer without sureties in an amount not exceeding $500 that the officer directs, but without deposit of money or other valuable security; or (d) if the person is not ordinarily resident in the province in which the person is in custody or does not ordinarily reside within 200 kilometres of the place in which the person is in custody, release the person on the person’s entering into a recognizance before the officer in charge or another peace officer without sureties in an amount not exceeding $500 that the officer directs and, if the officer so directs, on depositing with the officer a sum of money or other valuable security not exceeding in amount or value $500, that the officer directs.
EXPLANATION
Section 498(1) of the Criminal Code of Canada outlines the options a peace officer has when detaining an individual who has been arrested without a warrant. If the person is being held for an offense that is punishable by imprisonment for five years or less, and has not been taken before a justice or released from custody under any other provision of this Part, the officer in charge or another peace officer must, as soon as practicable, take one of four actions. First, release the person with the intention of compelling their appearance by way of a summons. Second, release the person on their giving a promise to appear. The person will have to appear in court at a later date as required. Third, release the person on the person's entering into a recognizance before the officer in charge or another peace officer without sureties in an amount not exceeding $500 and without deposit of money or other valuable security. Fourth, release the person on their entering into a recognizance before the officer in charge or another peace officer without sureties in an amount not exceeding $500 and on depositing with the officer a sum of money or other valuable security not exceeding in amount or value $500, that the officer directs, if the person is not ordinarily resident in the province in which they are in custody or does not ordinarily reside within 200 kilometres of the place in which they are in custody. Overall, this section is meant to ensure that individuals who have been arrested without a warrant are treated fairly and given the opportunity to be released without being held in custody for extended periods of time, especially for minor offenses. The section provides a range of options for peace officers to consider, depending on the specific circumstances, to ensure that the rights of individuals are protected.
COMMENTARY
Section 498(1) of the Criminal Code of Canada lays out the guidelines for the release of an individual who has been arrested without a warrant by a peace officer and taken into custody. It states that if such an individual has been taken into custody, then the officer in charge or another peace officer must take action to release them as soon as practicable. There are several options available to the officer in charge or another peace officer when considering the release of the individual. These options are outlined in subsections (a) through (d) of the section. They include releasing the individual with the intention of compelling their appearance by way of summons, releasing the individual on their giving a promise to appear, releasing the individual on the person’s entering into a recognizance before the officer in charge or another peace officer without sureties, or if the individual is not ordinarily resident in the province in which the person is in custody, they may be released on the person’s entering into a recognizance before the officer in charge or another peace officer without sureties and depositing a sum of money or other valuable security. This section serves to ensure that individuals who have been arrested without a warrant are not unreasonably detained. It provides a clear and concise process for the release of such individuals and sets out a number of options for the officer in charge or another peace officer to consider. One of the key considerations in this section is the decision to release the individual on their giving a promise to appear. This effectively puts the individual on notice that they are required to attend court at a later date to face charges related to their arrest. If the individual fails to appear at the specified court date, then they may be subject to additional charges and penalties. Another important consideration in this section is the option to release the individual on their entering into a recognizance without sureties. This means that the individual agrees to comply with certain conditions, such as attending court on a specified date or refraining from contacting certain individuals, in exchange for their release. This can be a useful tool for ensuring that individuals are not unreasonably detained, while also ensuring that they are held accountable for their actions. In conclusion, Section 498(1) of the Criminal Code of Canada is an important provision that ensures that individuals who have been arrested without a warrant are not unreasonably detained. It provides a clear process for the release of such individuals and outlines several options for the officer in charge or another peace officer to consider. By setting out these guidelines, the section promotes fairness and accountability in the criminal justice system.
STRATEGY
Section 498(1) of the Criminal Code of Canada outlines the options available to law enforcement officers when deciding how to detain and release a person who has been arrested without a warrant. There are several strategic considerations that officers must take into account when dealing with this section of the Criminal Code. Firstly, officers must consider the nature of the offence and the risk the accused poses to society. For instance, if the suspect has a history of violence or if the offence in question is a serious one, such as a sexual assault or murder, officers may choose to keep the accused in custody to protect the public from harm. Secondly, officers must consider the likelihood of the accused appearing in court. The purpose of releasing an accused person on bail or a recognizance is to ensure their attendance at court. If officers believe that the accused is likely to flee, fail to appear, or interfere with the administration of justice, they may choose to keep them in custody. Thirdly, officers must consider the accused person’s personal circumstances, such as their ties to the community and their ability to meet bail conditions. In some cases, it may be more appropriate to release an accused person on a promise to appear or a recognizance without sureties, rather than requiring them to pay a cash deposit or provide a surety. Some strategies that law enforcement officers may employ when dealing with this section of the Criminal Code include conducting a risk assessment of the accused person, considering the views of the Crown prosecutor and the victim, and developing a plan to monitor the accused while they are released on bail or a recognizance. For instance, officers may request that the accused person report regularly to a probation officer or be subject to a curfew or electronic monitoring. They may also require the accused person to surrender their passport or refrain from contacting certain individuals. It is also important for officers to document their decision-making process when it comes to the detention and release of an accused person. This documentation can help to ensure that the decision is consistent with the principles of the Criminal Code and that the accused person’s rights are protected. In conclusion, section 498(1) of the Criminal Code of Canada provides officers with several options for the detention and release of an accused person. Strategic considerations such as the nature of the offence, the likelihood of the accused appearing in court, and the accused person’s personal circumstances must be taken into account when making this decision. Employing strategies such as risk assessment, consultation with the Crown prosecutor and victim, and monitoring plans can help to ensure that the accused person’s rights are protected and the principles of the Criminal Code are upheld.