INTRODUCTION AND BRIEF DESCRIPTION
An indictment can include an additional charge with the accuseds consent, and the offense will be treated and punished as if the accused had been ordered to stand trial, except if the offense occurred in a different province.
SECTION WORDING
574(2) An indictment preferred under any of subsections (1) to (1.2) may, if the accused consents, include a charge that is not referred to in those subsections, and the offence charged may be dealt with, tried and determined and punished in all respects as if it were an offence in respect of which the accused had been ordered to stand trial. However, if the offence was committed wholly in a province other than that in which the accused is before the court, subsection 478(3) applies.
EXPLANATION
Section 574(2) of the Criminal Code of Canada allows an accused person who is being indicted for a criminal offence to consent to the inclusion of an additional charge in the indictment. The section applies to offences listed in subsections 574(1) to 574(1.2) of the Criminal Code, which include serious offences such as murder, manslaughter, and sexual assault. If the accused consents to the inclusion of an additional charge, that offence can be dealt with, tried, and punished in all respects as if it were an offence for which the accused had been ordered to stand trial. This ensures that the accused person is not prejudiced by the addition of the charge and is not treated unfairly during the trial process. However, if the offence was committed wholly in a province other than the one where the accused is being tried, subsection 478(3) of the Criminal Code applies. This subsection provides that the accused may be tried in the province where the offence was committed, provided that the accused consents. This is intended to ensure that the accused person is not unfairly disadvantaged due to the location of the offence, and that justice can be served in the appropriate jurisdiction. Overall, the purpose of section 574(2) is to provide flexibility in the indictment process and to ensure that accused persons are treated fairly and justly in the criminal justice system.
COMMENTARY
Section 574(2) of the Criminal Code of Canada offers a unique provision that allows the prosecutor to include a charge in an indictment that is not mentioned in subsections (1) to (1.2), provided that the accused consents to it. This provision provides substantial benefits to the prosecution by allowing them wider latitude in bringing additional charges against the accused that are not covered under the enumerated categories listed in the subsections. This can be especially useful in cases where new evidence comes to light that implicates the accused in another offence that was not initially identified during the investigation. The accused's consent is vital for this provision to come into effect. The purpose of the consent requirement is to ensure that the accused has advanced notice of the new charge and that they are not surprised by an additional allegation. It's essential to protect the accused's rights, including the right to defend themselves and ensure their trial is fair. If an accused does consent to the inclusion of a new charge, the court can deal with, try, and determine the offence in the same manner as if it was an offence in which the accused had been originally ordered to stand trial. This essentially means that the offence's punishment will be the same as that for any other offence that the accused was initially brought before the court. However, there is a caveat: if the offence was entirely committed in a province other than where the accused is before the court, then subsection 478(3) applies. This provision mandates that the offence will be dealt with in the province where it was committed or another province agreed upon by the parties or court. It is meant to avoid undue burden on the accused by ensuring that they don't have to travel across the country to be tried for an offence. Overall, section 574(2) provides a useful tool for the prosecution to expand their charges against the accused, provided that they consent. It ensures the accused's fundamental rights are protected while allowing the prosecution to bring new charges if substantial evidence warrants doing so. It is an essential provision in ensuring the administration of justice in Canada remains robust and fair.
STRATEGY
Section 574(2) of the Criminal Code of Canada provides the opportunity for an accused person to consent to include a charge that is not referred to in the relevant subsections. The benefit of this provision is that it allows the accused to address multiple charges at once, thereby saving time, energy, and costs. However, the decision to consent to this provision must be made strategically. One strategic consideration is the strength of evidence against the accused. If the evidence is weak, then the accused may choose not to consent to the additional charge as it may not be worth the risk of another crime being added to the indictment. However, if the evidence is strong, it may be strategic to consent to an additional charge if the punishment for that charge is less severe than the initial charge. Another strategic consideration is the jurisdiction where the alleged offense took place. If the offense was committed wholly in a province other than where the accused is before the court, subsection 478(3) applies. In this case, the accused may choose to not consent to an additional charge in order to keep the trial in the province where they are currently being tried. However, if the alleged offense took place in the same province as the current trial, the accused may consider consenting to an additional charge if it lessens the risk of being extradited to another province. A further strategic consideration is the effect an additional charge may have on any potential plea bargaining negotiations. If the accused consents to an additional charge, it may provide the prosecution with more leverage in negotiations as they will have more charges to use as bargaining chips. On the other hand, if the accused only faces the initial charge, they may be able to negotiate a more favorable plea deal with the prosecution. In terms of strategies that could be employed, it is important for the accused to consult with their criminal defense lawyer to fully understand the potential consequences of consenting to an additional charge. The accused may also consider negotiating with the prosecution to determine if there is a possible lesser charge that they could consent to in order to reduce the overall severity of the indictment. In sum, section 574(2) of the Criminal Code of Canada presents both opportunities and challenges for the accused. The strategic considerations for consenting to an additional charge may vary depending on the facts of the case and the strength of evidence against the accused. As such, it is important for the accused to consult with their criminal defense lawyer and carefully evaluate the potential risks and benefits before consenting to an additional charge.