INTRODUCTION AND BRIEF DESCRIPTION
The court may order the payment of expenses to the accused caused by a change of venue.
SECTION WORDING
599(3) The court or judge may, in an order made on an application by the prosecutor under subsection (1), prescribe conditions that he thinks proper with respect to the payment of additional expenses caused to the accused as a result of the change of venue.
EXPLANATION
Section 599(3) of the Canadian Criminal Code grants the courts the power to order the payment of additional expenses to an accused person as a result of a change of venue. A change of venue refers to the transfer of a trial from one court to another for various reasons such as the need to protect the fairness of the trial or to ensure the safety of the participants. The prosecutor may apply for an order under subsection (1) of the section upon showing that there is a need for a change of venue. If the court or judge grants the order, they may also prescribe conditions as they consider appropriate relating to the payment of additional expenses incurred by the accused as a result of the change of venue. These expenses may include travel and accommodation expenses, legal fees, and other related costs. It is important to note that the court has discretion in prescribing the appropriate conditions and considers the circumstances of each case. The court will not grant an order if it agrees that the change of venue would not cause significant additional expenses to the accused. This particular section of the Criminal Code of Canada ensures that the right to a fair trial is not compromised by factors such as costs incurred due to a change of venue. It protects the interests of the accused by ensuring that they are not unduly burdened by such expenses. This provision helps to promote fairness and impartiality in the Canadian justice system, ensuring that no one is denied justice on the grounds of not being able to bear additional expenses.
COMMENTARY
Section 599(3) of the Criminal Code of Canada deals with the payment of additional expenses caused to the accused as a result of the change of venue. In criminal cases, the accused has the right to a fair trial, which includes the right to be tried in front of an impartial judge and jury. However, in certain circumstances, there may be a need to change the venue of the trial to ensure that the accused receives a fair trial. For instance, if the media coverage of the case is extensive and can potentially influence the jury's decision or if the accused's safety is compromised by holding the trial in a certain location, it may be necessary to change the venue of the trial. The change of venue can be a stressful and expensive process for the accused, who may need to relocate themselves and their family, pay for transportation, and hire new lawyers. Therefore, section 599(3) of the Criminal Code of Canada provides some relief to the accused by allowing the court to prescribe conditions on the payment of additional expenses caused by the change of venue. This means that the prosecutor can make an application to the court or judge, who will then decide what conditions are appropriate with respect to the payment of additional expenses. The conditions can include any reasonable expenses incurred by the accused as a result of the change of venue, such as travel expenses, lodging expenses, and legal fees. The court or judge may also require the accused to provide evidence of their expenses and to submit invoices or receipts to support their claims. It is important to note that the court or judge has broad discretion in prescribing the conditions, and the decision will be based on several factors, including the severity of the crime, the cost of the expenses, and the financial situation of the accused. The court or judge will also consider the principle of proportionality, which requires that the punishment should be commensurate with the offense committed. In conclusion, section 599(3) of the Criminal Code of Canada is a crucial provision that ensures that the accused is not unfairly burdened by the costs associated with the change of venue. It provides a mechanism for the court or judge to determine what expenses the accused may claim and sets out the conditions for making such a claim. This provision helps to uphold the accused's right to a fair trial while ensuring that justice is served for all parties involved.
STRATEGY
When dealing with Section 599(3) of the Criminal Code of Canada, it is important to have a thorough understanding of its provisions and the factors that may influence the court's decision in determining the payment of additional expenses caused to the accused as a result of the change of venue. This section is relevant where a trial judge, justice of the peace, or provincial court judge determines that there are reasonable and probable grounds to conclude that the accused cannot have a fair trial in the jurisdiction in which the charges were laid. As such, the court may order a change of venue to a neutral location, which may entail additional expenses to be incurred by the accused. One of the main strategic considerations when dealing with this section is the legal and factual basis for the application by the prosecutor. It is important to establish that there are indeed reasonable and probable grounds to believe that the accused cannot have a fair trial in the jurisdiction in which the charges were laid, and that a change of venue is necessary to ensure that justice is served. This may require gathering and presenting evidence such as media coverage, community attitudes and biases, and other relevant factors that may impact the ability of the accused to receive a fair trial in the original jurisdiction. Another important consideration is the nature and extent of the additional expenses that will be incurred as a result of the change of venue. This may include costs associated with travel, accommodation, legal representation, and other related expenses. The prosecutor may seek to limit or minimize these expenses, while the accused may seek to have the full amount covered to ensure that they are not unfairly burdened in their pursuit of justice. Strategies that could be employed in dealing with this section of the Criminal Code include conducting a thorough assessment of the legal and factual basis for the application, including gathering and presenting relevant evidence to support the change of venue. This may involve engaging the services of legal experts and other specialists to provide testimony and support the application. It may also involve negotiation and advocacy to ensure that the conditions for the payment of additional expenses are fair and reasonable, taking into account the interests of both parties. Other strategies that could be employed include seeking to limit the amount of expenses that will be incurred by the accused, for example by exploring options for cost-effective travel and accommodation arrangements. It may also involve seeking assistance from appropriate organizations and agencies to help defray the costs of the change of venue and ensure that the accused is not unfairly burdened in their pursuit of justice. In conclusion, dealing with Section 599(3) of the Criminal Code of Canada requires careful consideration of a range of legal, factual and strategic issues. By gathering and presenting the relevant evidence, negotiating effectively, and advocating for fair and reasonable conditions for the payment of additional expenses, it is possible to ensure that justice is served in cases where a change of venue is necessary to safeguard the rights of the accused.