section 769

INTRODUCTION AND BRIEF DESCRIPTION

This section applies judicial interim release provisions to a person committed to prison after being rendered by their surety.

SECTION WORDING

769 Where a surety for a person has rendered him into custody and that person has been committed to prison, the provisions of Parts XVI, XXI and XXVII relating to judicial interim release apply, with such modifications as the circumstances require, in respect of him and he shall forthwith be taken before a justice or judge as an accused charged with an offence or as an appellant, as the case may be, for the purposes of those provisions.

EXPLANATION

Section 769 of the Criminal Code of Canada pertains to individuals who act as sureties for an accused person. A surety is a person who promises to ensure that the accused will attend court for their trial or abide by any conditions set during their release. In the event the accused person does not follow the court's orders, the surety can be held responsible for the accused's actions. If the surety is unable to ensure the accused's attendance in court, they may choose to render the accused into police custody. Once in custody, the accused may be committed to prison until their trial. Section 769 states that in this situation, the provisions of Parts XVI, XXI, and XXVII relating to judicial interim release will apply to the accused. These relevant parts of the Criminal Code refer to the judicial process through which an accused person can seek release from custody before their trial. This is called judicial interim release or bail. Section 769 modifies these provisions as necessary to apply specifically to the accused in custody after being rendered by their surety. Essentially, this means that the accused can apply for bail and seek release under certain conditions, such as with the approval of a surety. If they are unable to obtain release from custody, they will be taken before a justice or judge as an accused person or appellant for the purposes of the applicable provisions. Overall, Section 769 sets out the guidelines for ensuring that an accused individual who has been committed to prison after being rendered by their surety is able to access the same legal rights and protections as any other accused person.

COMMENTARY

Section 769 of the Criminal Code of Canada outlines the provisions that apply to a surety who has surrendered an accused person into custody. It specifies that the accused person must be taken before a justice or judge for judicial interim release, and that certain modifications may apply to this process. The purpose of this section is to provide guidelines for the handling of accused persons who are in custody following their surrender by a surety. It recognizes the importance of ensuring that the accused are given the opportunity for judicial interim release, taking into consideration the specific circumstances of their situation. One of the key features of this section is the emphasis on fairness and due process. By requiring that the accused be taken before a justice or judge, it ensures that they are given a chance to present their case and request interim release. This helps to prevent the arbitrary detention of accused persons and ensures that the legal system operates fairly and impartially. This section also acknowledges the role of sureties in the criminal justice system. Sureties play an important role in ensuring that accused persons comply with their bail conditions and attend court as required. By outlining the provisions that apply to sureties who have surrendered an accused person into custody, it helps to reinforce the responsibilities and obligations that come with this role. In terms of modifications, Section 769 recognizes that different circumstances may require different approaches. For example, if the accused person is a flight risk or is facing serious charges, stricter conditions may be imposed for their interim release. Alternatively, if the accused person has a strong record of attending court and does not pose a danger to the public, less restrictive conditions may be appropriate. Overall, Section 769 reflects the Canadian legal system's commitment to fairness, due process, and individual rights. By outlining the provisions that apply to accused persons who have been surrendered by a surety, it helps to ensure that the legal system operates in a consistent, transparent, and fair manner, while also recognizing the important role played by sureties in the criminal justice system.

STRATEGY

Section 769 of the Criminal Code of Canada is an important provision that deals with the surety obligations of people who have posted bail for an accused person. This section provides that if a surety brings the accused person into custody and the accused is later committed to prison, the provisions of Parts XVI, XXI, and XXVII relating to judicial interim release will apply with modifications. This means that the surety will have to take the accused before a justice or judge for a hearing. When dealing with Section 769, there are several strategic considerations that should be taken into account. One of the most important considerations is the risk of forfeiting the bail bond. If the accused fails to comply with the conditions of his or her release, the surety may be required to pay the full bail amount. Therefore, it is essential to ensure that the accused understands the conditions of his or her release and that he or she is likely to comply with them. Another strategic consideration is the importance of seeking legal advice. When dealing with Section 769, the surety should consult with a lawyer to understand their legal obligations and the potential consequences of non-compliance. A lawyer can also assist the surety with preparing for the hearing and presenting their case to the court. One of the most effective strategies for dealing with Section 769 is to hire a bail enforcement agent. These agents are professionals who specialize in tracking down and returning fugitives who have skipped bail. A bail enforcement agent may be able to locate the accused and ensure that he or she appears in court for the hearing. This can reduce the risk of forfeiting the bail bond and increase the likelihood of a favorable outcome for the surety. Another strategy for dealing with Section 769 is to provide support and assistance to the accused. If the accused has issues that may impact his or her ability to comply with the conditions of release, the surety should try to address those issues and provide assistance where possible. For example, if the accused is struggling with addiction, the surety may want to help him or her access treatment programs. In conclusion, Section 769 of the Criminal Code of Canada is an important provision that deals with the surety obligations of people who have posted bail for an accused person. When dealing with this section, it is essential to understand the legal obligations and consequences of non-compliance. Seeking legal advice and hiring a bail enforcement agent are effective strategies for dealing with Section 769 and increasing the likelihood of a favorable outcome for the surety. Providing support and assistance to the accused can also be helpful in ensuring compliance with the conditions of release.