section 765

INTRODUCTION AND BRIEF DESCRIPTION

An accused remains bound by their recognizance to appear for trial even if they are arrested on another charge.

SECTION WORDING

765 Where an accused is bound by recognizance to appear for trial, his arrest on another charge does not vacate the recognizance, but it continues to bind him and his sureties, if any, for his appearance until he is discharged or sentenced, as the case may be, in respect of the offence to which the recognizance relates.

EXPLANATION

Section 765 of the Criminal Code of Canada deals with the situation where an accused person is released on a recognizance (a promise to appear in court) to face trial for a specific offence, but is subsequently arrested for a different offence. This section clarifies that the initial recognizance remains in effect, and continues to bind the accused, as well as any sureties who may have guaranteed the accused's appearance in court. The purpose of this section is to ensure that the accused appears in court as required, even if they are arrested for a separate offence during the course of their original trial. By maintaining the original recognizance, the accused and their sureties are still obligated to respect the terms of the original agreement, including appearing in court on the specified date and time. This is important because the accused's failure to appear in court may result in serious consequences, such as the issuance of an arrest warrant or the forfeiture of any bail or security that may have been posted. Furthermore, this section highlights the fact that being arrested for another offence does not automatically release an accused from their obligations under the original recognizance. Instead, the accused remains bound by the agreement until they are either discharged or sentenced in relation to the offence for which the recognizance was originally granted. This ensures that the accused is held accountable for their actions and is not able to evade justice by committing additional offences while awaiting trial for the original charge.

COMMENTARY

Section 765 of the Criminal Code of Canada deals with the important issue of an accused person who is bound by recognizance, also known as a bail condition, to appear for trial. The section states that if an accused person is arrested on another charge while they are still bound by the recognizance, this does not result in the vacating of the recognizance. In other words, the recognizance continues to bind the accused and any sureties until they are either discharged or sentenced for the offence to which the recognizance relates. This provision is critical in ensuring that accused persons who are out on bail continue to honour their bail conditions and appear in court as required. It means that even if an accused person is arrested on another charge, they are still obligated to honour their bail conditions and appear in court for the original charge that they were released on. Failure to do so could result in severe consequences for the accused, including the revocation of their bail and being taken into custody until their trial. Furthermore, this provision also places a responsibility on the sureties who have agreed to guarantee the bail of the accused person. The sureties are also bound by the recognizance and are obligated to ensure that the accused person appears in court as required. If the accused person fails to appear, the sureties may be required to pay the full bail amount, which could be a significant financial burden. It should be noted that the continuation of the recognizance in the case of an arrest on another charge does not mean that the accused person cannot request a variation or discharge of their bail conditions. If the circumstances of their arrest on the new charge have changed, they may be able to make an application to have their bail conditions modified or lifted. However, this would need to be done through the proper legal channels, and the accused person and their sureties would still be bound by the original recognizance until the court grants their request. In conclusion, Section 765 of the Criminal Code of Canada plays an essential role in ensuring that accused persons honour their bail conditions and appear in court as required. It places a responsibility not only on the accused person but also on their sureties to ensure that they fulfil their obligations. While the continuation of the recognizance in the case of an arrest on another charge may seem harsh, it is necessary to maintain the integrity of the bail system and prevent individuals from fleeing justice.

STRATEGY

Section 765 of the Criminal Code of Canada is an important provision when dealing with criminal trials. This section establishes that an accused person who is bound by a recognizance to appear for trial is still bound by that recognizance even if they are arrested on another charge. This means that an individual who is awaiting trial for a crime and is arrested for another offense cannot simply avoid their trial by showing up in court on the new charge and hoping that the original recognizance will be vacated. Some strategic considerations when dealing with this provision include understanding the interplay between multiple charges, recognizing the impact of a breach of a recognizance, and developing effective strategies to address these issues. An experienced criminal lawyer will need to be mindful of these considerations when representing clients charged with offenses that are subject to the provisions of section 765. One strategy that a lawyer may employ when dealing with section 765 is to carefully review the original recognizance and any conditions that were imposed on the accused. By doing so, the lawyer may be able to identify potential issues that could arise in the event of a breach of the recognizance. For example, if the accused was required to stay away from a certain person or location, a subsequent arrest for an offense that occurred at that person or location could be seen as a breach of the recognizance. By identifying these potential issues early on, the lawyer can develop a strategy to address them proactively. Another strategy that may be employed is to seek a variation of the original recognizance. In some cases, it may be possible to modify the conditions of the recognizance to reflect the new charges that the accused is facing. For example, if the accused is charged with a violent offense, the original recognizance may be modified to require the accused to stay away from all firearms. This could help address potential issues that could arise in the event of a breach. Ultimately, the best strategy for dealing with section 765 will depend on the specific circumstances of the case. It is important for lawyers representing clients in criminal trials to carefully review all relevant documentation and to identify any potential issues that could arise. By doing so, they can develop effective strategies to address these issues and to ensure that their clients' rights are protected.