section 523(1.1)

INTRODUCTION AND BRIEF DESCRIPTION

If an accused is charged with an offence and is released from custody, any new information received for the same or included offence does not require a new interim release or detention order.

SECTION WORDING

523(1.1) Where an accused, in respect of an offence with which he is charged, has not been taken into custody or is being detained or has been released from custody under or by virtue of any provision of this Part and after the order for interim release or detention has been made, or the appearance notice, promise to appear, summons, undertaking or recognizance has been issued, given or entered into, a new information, charging the same offence or an included offence, is received, section 507 or 508, as the case may be, does not apply in respect of the new information and the order for interim release or detention of the accused and the appearance notice, promise to appear, summons, undertaking or recognizance, if any, applies in respect of the new information.

EXPLANATION

Section 523(1.1) of the Criminal Code of Canada deals with the situation where an accused individual has been charged with an offence but has not been taken into custody, or has been released on interim release or detention, and subsequently receives a new information charging the same offence or an included offence. Under this section, if a new information is received, the accused individual's existing order for interim release or detention, as well as any appearance notice, promise to appear, summons, undertaking or recognizance that has been issued, given or entered into, will continue to apply in respect of the new information. This means that the accused will not necessarily have to be taken into custody again or have their release conditions changed. However, it is important to note that this section only applies if the new information charges the same offence or an included offence. If the new information charges a different offence, the accused may be subject to a new order for interim release or detention, and the terms of any existing appearance notice or recognizance may no longer apply. Overall, this section helps to ensure that the legal process remains efficient and consistent, while also protecting the rights of accused individuals. It allows for the continuation of existing release conditions and reduces the likelihood of unnecessary detention or changes to release conditions.

COMMENTARY

Section 523(1.1) of the Criminal Code of Canada is an important provision that deals with the situation where an accused person, who has been released from custody or is being detained, faces new charges that are related to the original offence they were charged with. The provision outlines how these new charges affect the accused person's status and rights under the law. The provision applies in situations where the accused person has not been taken into custody, or has been released from custody, under the provisions of Part XVI of the Criminal Code. Part XVI deals with arrest, detention, and release of accused persons, and includes provisions for interim release, detention, and bail. If an accused person is released from custody under one of these provisions, and then faces new charges related to the same offence, Section 523(1.1) comes into play. Under this provision, the accused person's order for interim release or detention, as well as any appearance notice, promise to appear, summons, undertaking, or recognizance that they have entered into, continues to apply in respect of the new charges. This means that their release status and conditions remain the same, and they do not have to go through the process of applying for release all over again. However, Section 523(1.1) also states that the accused person cannot rely on sections 507 or 508 of the Criminal Code in respect of the new charges. These sections deal with the procedure for applying for bail after an accused person has been taken into custody. This means that if the accused violates their conditions of release in relation to the new charges, they cannot apply for bail based on these provisions. The purpose of Section 523(1.1) is to provide clarity and consistency in the application of release provisions for accused persons facing related charges. It ensures that the process for release and detention is not unnecessarily duplicated, while also preserving the ability of the court to review and modify the accused person's release conditions if necessary. Overall, Section 523(1.1) reflects the balance between the interests of the accused person and those of the justice system. It provides important protections for accused persons, while also allowing the justice system to effectively and efficiently handle cases involving related charges.

STRATEGY

Section 523(1.1) of the Criminal Code of Canada has important implications for prosecutors and defense lawyers. It addresses the situation where an accused has already been released from custody or detained under an order, and a new information is received charging the same offence or an included offence. In this case, the section states that the original order for release or detention applies in respect of the new information, and the accused does not have to be taken into custody again. Some strategic considerations when dealing with this section of the Criminal Code of Canada include: 1. Timing of the new information: Prosecutors should carefully consider the timing of the new information. If the accused has already been released from custody or detained, and the new information is received before the trial, the prosecutor can rely on Section 523(1.1) to ensure that the accused remains subject to the original order for release or detention. However, if the new information is received after the trial has begun, the prosecutor may face challenges in applying this section. 2. Strength of the case: Defense lawyers may consider using Section 523(1.1) to their advantage if they believe that the new information is weak or does not add substantially to the original charge. By arguing that the accused should remain subject to the original order for release or detention, defense lawyers may be able to avoid more restrictive orders that could be imposed if the accused were taken into custody again. 3. Nature of the offence: The nature of the offence charged in the new information may also be relevant. For example, if the new offence is more serious than the original charge, the prosecutor may be more likely to argue that the accused should be taken into custody again. Conversely, if the new offence is less serious, the defense may argue that the accused should remain subject to the original order for release or detention. 4. Overall strategy: Both prosecutors and defense lawyers should consider the overall strategy they want to adopt when dealing with Section 523(1.1). For example, if the prosecutor believes that the accused is a flight risk or a danger to the public, they may want to seek a new order for detention based on the new information. Similarly, if the defense lawyer believes that the accused has a strong case and may be acquitted, they may want to avoid more restrictive orders that could harm their client's case. Some strategies that could be employed when dealing with Section 523(1.1) include: 1. Filing the new information early: Prosecutors who want to rely on Section 523(1.1) should consider filing the new information as soon as possible after receiving it. This will allow them to rely on the original order for release or detention for as long as possible and avoid the need to seek a new order. 2. Challenging the new information: Defense lawyers may want to challenge the new information if they believe that it is weak or does not add substantially to the original charge. By doing so, they may be able to avoid more restrictive orders that could be imposed if the accused were taken into custody again. 3. Negotiating a plea deal: Both prosecutors and defense lawyers may want to consider negotiating a plea deal to resolve the case before the new information is filed. By doing so, they may be able to avoid the need to rely on Section 523(1.1) altogether. 4. Seeking a new order: If the prosecutor believes that the accused is a flight risk or a danger to the public, they may want to seek a new order for detention based on the new information. Similarly, if the defense lawyer believes that the accused has a strong case and may be acquitted, they may want to avoid more restrictive orders that could harm their client's case.