Criminal Code of Canada - section 771(3) - Judgment debtors of the Crown

section 771(3)

INTRODUCTION AND BRIEF DESCRIPTION

This section outlines the consequences of forfeiture of a recognizance, with the principal and their sureties becoming judgment debtors.

SECTION WORDING

771(3) Where, pursuant to subsection (2), a judge orders forfeiture of a recognizance, the principal and his sureties become judgment debtors of the Crown, each in the amount that the judge orders him to pay.

EXPLANATION

Section 771(3) of the Criminal Code of Canada discusses the consequences of a judge ordering the forfeiture of a recognizance in a criminal case. A recognizance is a type of legal agreement between a court and an accused person, where the accused promises to comply with certain conditions in exchange for being released from custody while awaiting trial. If the accused fails to comply with these conditions, the judge may order the forfeiture of the recognizance, meaning the accused and their sureties (people who have guaranteed the accused's compliance with the conditions) will be held responsible for paying a sum of money. Under section 771(3), if a judge does order the forfeiture of a recognizance, the principal (the accused) and their sureties become judgment debtors of the Crown. This means that they owe the government a debt for the amount the judge has ordered them to pay. The amount owed is determined by the judge and can vary depending on the circumstances of the case. The purpose of this section is to ensure that those who fail to comply with the conditions of their recognizance are held accountable for their actions. By making the accused and their sureties responsible for paying a sum of money, it serves as a deterrent for future non-compliance. It also allows the government to recover some of the costs associated with the accused's failure to comply, such as the cost of tracking them down if they abscond. Overall, section 771(3) is an important tool in the Criminal Code of Canada in ensuring that accused individuals comply with the conditions of their recognizance and are held accountable if they do not.

COMMENTARY

Section 771(3) of the Criminal Code of Canada outlines the consequences of a judge ordering the forfeiture of a recognizance. This section specifies that the principal and sureties become judgment debtors of the Crown, with each party being responsible for paying the amount that the judge orders them to pay. Recognizance refers to a type of legal bond in which an individual promises to appear in court on a specified date and time. It is a form of assurance that the individual will fulfill their legal obligations. However, in cases where the individual fails to appear in court, the judge may order the forfeiture of the recognizance. The purpose of this section is to ensure that individuals who fail to appear in court are held responsible for their actions. It puts the onus on the principal and sureties to fulfill their legal obligations and pay the amount ordered by the judge. Failure to do so may result in further legal consequences. The Crown becomes a judgment creditor, meaning that it has the legal right to collect the debt owed to it by the principal and sureties. This section ensures that the Crown has an avenue to recover any outstanding debts owed to it as a result of the forfeiture of a recognizance. While this section may seem straightforward, there are several nuances to consider. For example, the amount that the judge orders each party to pay may vary depending on the circumstances of the case. In some cases, the amount may be minimal, while in others, it may be significant. Additionally, there may be challenges in collecting the debt owed to the Crown. For example, the principal and sureties may not have the financial resources to pay the ordered amount. This may result in the Crown having to take legal action to collect the outstanding debt. In conclusion, section 771(3) of the Criminal Code of Canada provides an important mechanism for ensuring that individuals who fail to appear in court are held responsible for their actions. It ensures that the Crown has the legal right to collect any outstanding debts owed to it as a result of the forfeiture of a recognizance. However, it is important to recognize the potential challenges in collecting the debt and to consider the circumstances of each case when determining the amount owed by the principal and sureties.

STRATEGY

Section 771(3) of the Criminal Code of Canada deals with the forfeiture of a recognizance and the resulting consequences for the principal and sureties. There are several strategic considerations that one must take into account when dealing with this section of the Criminal Code, including understanding the legal implications of this section, evaluating the risks involved, and devising a plan of action that minimizes the impact on the principal and sureties. One of the main considerations when dealing with section 771(3) is understanding the legal implications of this section. This section states that when a judge orders forfeiture of a recognizance, the principal and sureties become judgment debtors of the Crown. This means that they are legally obligated to pay the amount that is order by the judge. Failure to pay can result in serious consequences, including seizure of assets, garnishment of wages, and even imprisonment. Given the potential legal ramifications, it is important to evaluate the risks involved when dealing with section 771(3). This includes assessing the likelihood of forfeiture, the amount that is likely to be ordered, and the financial ability of the principal and sureties to pay. It is important to note that judges have considerable discretion when it comes to ordering forfeiture, and may take into account various factors such as the seriousness of the original offence, the likelihood of the principal committing further offences, and the impact of forfeiture on the financial health of the principal and sureties. Once the risks have been evaluated, it is important to devise a plan of action that minimizes the impact on the principal and sureties. This may involve negotiating with the Crown to reduce the amount of forfeiture, or to set up a payment plan that takes into account the financial circumstances of the principal and sureties. It may also involve seeking legal advice to challenge the forfeiture order or to explore other options, such as filing for bankruptcy. Another strategy that could be employed when dealing with section 771(3) is to take preventative measures to avoid forfeiture in the first place. This includes ensuring that the principal complies with all conditions of the recognizance, and that any breaches are reported immediately. It also involves providing the court with evidence of the principal's good character and the steps they have taken to address any underlying issues that led to the original offence. In conclusion, dealing with section 771(3) of the Criminal Code of Canada requires careful consideration of the legal implications, evaluation of the risks involved, and devising a strategic plan of action that minimizes the impact on the principal and sureties. This may involve negotiating with the Crown, seeking legal advice, and taking preventative measures to avoid forfeiture. By taking a proactive approach and addressing the issue head-on, individuals can better protect their interests and avoid serious legal consequences.