Criminal Code of Canada - section 560(4) - Duty of accused when not in custody

section 560(4)

INTRODUCTION AND BRIEF DESCRIPTION

Where an accused is not in custody, it is their responsibility to find out the time and place of their trial and attend accordingly.

SECTION WORDING

560(4) Where an accused is not in custody, the duty of ascertaining from the clerk of the court the time and place fixed for the trial, pursuant to subsection (1), is on the accused, and he shall attend for his trial at the time and place so fixed.

EXPLANATION

Section 560(4) of the Criminal Code of Canada deals with the responsibility of an accused person to attend their trial when they are not in custody. The section stipulates that if an accused person is not in custody, it is their responsibility to ascertain the time and place of their trial from the court clerk. They must then attend their trial at the time and place specified by the court clerk. In essence, this section places the burden of responsibility on the accused person to keep track of their court dates. It is important to understand that appearing in court is a fundamental aspect of the criminal justice system, and the failure to appear in court can have serious consequences. If an accused person fails to attend their trial, the court may issue a bench warrant for their arrest, and they may face additional charges, including failure to appear. Section 560(4) is intended to ensure that accused persons are aware of their trial dates and are present for their trials. This is important for a number of reasons. First, it enables the court to proceed with the trial in a timely and efficient manner. Second, it ensures that the accused person has the opportunity to defend themselves and present their case. Finally, it promotes respect for and confidence in the criminal justice system by demonstrating that everyone is accountable for their actions, including attending court when required. In summary, Section 560(4) of the Criminal Code of Canada is an important provision that places the responsibility on accused persons to attend their trials when they are not in custody. It emphasizes the importance of appearing in court and reinforces the principle that everyone is accountable for their actions. Failure to comply with this section may result in serious consequences for the accused person, including additional charges and a bench warrant for their arrest.

COMMENTARY

Section 560(4) of the Criminal Code of Canada shifts the responsibility of knowing the time and place of a trial to the accused when they are not in custody. As such, it is essential for accused individuals to stay informed about their legal proceedings to avoid additional legal consequences. The importance of this provision cannot be overstated, as being absent from a scheduled trial can lead to a range of adverse outcomes. It can lead to a contempt of court charge, which can add to an accused's legal woes, as well as further time in custody, fines, or worse. The potential consequences of being absent from a scheduled trial highlight the importance of this provision in ensuring that accused individuals attend all their legal proceedings. The duty to keep track of trial dates is not solely the responsibility of an accused individual. It is also the responsibility of their legal counsel to inform them of trial dates. However, it is still the accused's ultimate responsibility to ensure that they are present during the trial. Legal counsel can assist in organizing the necessary logistics involved in attending the trial, but the accused must still make it a priority to attend. Notably, section 560(4) applies only when the accused is not in custody. The provision ensures that individuals who are free but still undergoing legal proceedings are held accountable for keeping track of scheduled trials. Although it may seem like common sense, it is not uncommon for individuals to rely solely on their legal counsel to keep track of trial dates, assuming that they will be reminded of scheduled trials. However, as this provision makes clear, this is not always the case, and it is up to the accused to keep track of their legal proceedings. Furthermore, section 560(4) underlines the importance of clear communication between legal counsel and the accused. In many cases, accused individuals might not understand the legal implications of non-attendance. Thus, legal counsel should explain these implications to the accused to ensure they are aware of the consequences of missing a trial. Effective communication will encourage the accused to make attending their trial a top priority, which will ultimately help streamline court proceedings. In conclusion, Section 560(4) of the Criminal Code of Canada emphasizes the importance of keeping track of scheduled trial dates. It makes clear that the duty to stay informed of trial dates ultimately falls on the accused when they are not in custody. This provision encourages active participation from the accused in their legal proceedings and helps to ensure that trials run smoothly. By following this provision, accused individuals can avoid unnecessary legal consequences and increase their chances of a fair trial.

STRATEGY

Section 560(4) of the Criminal Code of Canada emphasizes the responsibility of the accused to attend their trial when they are not in custody. Adhering to this section is critical for the accused or their legal team to construct a robust defense, present evidence, and avoid harsh legal consequences. As such, when dealing with this section, it is essential to consider various strategic options to ensure compliance and avoid repercussions. One crucial strategy concerns communication with the court. As stated in 560(4), the accused is responsible for ascertaining the trial's time and place. Therefore, they can create a communication plan that allows them to keep up to date with any developments, including the trial date and time. This involves establishing an official communication channel, such as email or an appointed member of their legal team, to receive official correspondence. Additionally, they could attend court regularly, check the court's notice board, or contact the court clerk to keep abreast of developments in their trial. This strategy guarantees that the accused will not miss their trial and avoids potential legal ramifications that arise from failure to attend. Another critical consideration is the timeline for the trial. When a case goes to trial, it typically follows a set timeline. Following this timeline can have a significant impact on the outcome of the case. For example, if the accused wants to file a specific pretrial motion, they must adhere to the set deadlines. Therefore, the accused or their legal team should consider the timing of their pretrial motions or any other significant steps they intend to take in the case. This implies that they should work on a specific timeline geared towards fulfilling such requirements in advance. They must also obtain every necessary document and have them ready before their trial. Consequently, another strategic approach is to keep detailed records and documentation of every step taken concerning the case. This may include communication with the court, obtaining court transcripts, and ensuring accurate documentation of court proceedings that may be relevant to the case. It would provide a clear indication of what actions were taken, when, and by whom. Furthermore, it can serve as evidence or support when necessary in future proceedings. The accused or their legal team should also consider other strategies like hiring a private investigator or following up on any potential witnesses for the trial. This enhances their knowledge of the case and may assist in building a more robust defense. In conclusion, adherence to section 560(4) is critical for the accused to avoid harsh legal consequences. Strategies to achieve this compliance and enhance the defense of the accused may include establishing a communication plan with the court, following the timeline for the trial, keeping detailed records, and hiring a private investigator. These measures can ensure a smooth trial process while avoiding legal repercussions.