section 773(3)

INTRODUCTION AND BRIEF DESCRIPTION

This section outlines the judges discretion to discharge the amount for which a surety is liable or make any necessary orders and issue a warrant of committal in certain circumstances.

SECTION WORDING

773(3) The judge shall, at the hearing held pursuant to subsection (1), inquire into the circumstances of the case and may in his discretion (a) order the discharge of the amount for which the surety is liable; or (b) make any order with respect to the surety and to his imprisonment that he considers proper in the circumstances and issue a warrant of committal in Form 27.

EXPLANATION

Section 773(3) of the Criminal Code of Canada pertains to the role of a surety in a criminal proceeding. A surety is a person who agrees to take responsibility for the accused person by ensuring they attend all court dates and comply with any conditions set by the court. In the event that the accused person breaches any of these conditions, the surety can be held liable for all or part of the bail amount. In the event of a breach, the judge is required to hold a hearing pursuant to subsection (1) of the section. At this hearing, the judge will inquire into the circumstances surrounding the breach and will have the discretion to order the discharge of the amount for which the surety is liable or make any other order deemed appropriate based on the circumstances. The judge may issue a warrant of committal in Form 27, which is an order for the arrest of the surety and their imprisonment. This section serves to hold sureties accountable for the accused person's compliance with their bail conditions. As such, it acts as a deterrent to ensure accused persons attend their court dates and comply with any conditions set by the court. Overall, section 773(3) ensures that sureties are aware of the potential consequences of their role and reinforces the importance of compliance with court conditions. This helps to maintain public safety and the integrity of the criminal justice system by ensuring that accused persons adhere to the conditions of their bail.

COMMENTARY

Section 773(3) of the Criminal Code of Canada is an important provision that deals with the responsibility of a surety and the consequences of their failure to fulfill their obligations. A surety is a person who guarantees the appearance of the accused in court by depositing a certain amount of money as a bond. This provision provides for the consequences that a surety may face if the accused fails to appear in court, and the surety is unable to fulfill its obligations. The Canadian justice system places a great emphasis on ensuring that accused individuals attend their court proceedings. The concept of bail is introduced to ensure this, as bail is a form of financial security that is intended to ensure that the accused person will attend their court date. A surety is a person who undertakes a legal obligation to ensure that the conditions of the bail are met and that the accused person appears in court on the designated date. Section 773(3) of the Criminal Code of Canada gives the judge the authority to order the discharge of the surety if they are satisfied that the surety has acted responsibly, and the accused person has not breached their bail conditions. The discharge of the surety is an important provision, as it acknowledges the fact that the surety has fulfilled their obligation, and there is no need for them to bear any further consequences. However, in cases where the accused person does not appear in court, and the surety fails to fulfill its obligation, the judge may make any order with respect to the surety and their imprisonment that they consider proper in the situation. This provision grants the judge the discretion to order the surety's imprisonment, as well as any other orders that may be necessary to ensure that the accused person appears in court. Section 773(3) also requires the judge to inquire into the circumstances of the case before deciding on the appropriate course of action. This ensures that the judge considers all the factors that may have contributed to the failure of the accused person to appear in court and the resulting failure of the surety to fulfill their obligation. Overall, Section 773(3) of the Criminal Code of Canada is a valuable provision that supports the Canadian justice system's principles of accountability and responsibility. It highlights the importance of fulfilling obligations and maintains the integrity and fairness of the justice system. By ensuring that the surety is fully aware of their responsibilities and the consequences of their failure to meet those obligations, this provision helps to ensure that Canadians maintain trust and faith in our justice system.

STRATEGY

Section 773(3) of the Criminal Code of Canada deals with the liability of a surety who has posted bail for an accused person. When a surety posts bail, they enter into a legal contract with the court, where they promise to ensure the accused person shows up for all their court appearances, failing which, they will be liable for the bail amount. In some cases, the accused person may not show up for their court appearances, and the court may call upon the surety to pay the bail amount. This is where Section 773(3) of the Criminal Code of Canada comes into play, allowing the court to hold a hearing and inquire into the circumstances of the case before making a decision on the surety's liability. When dealing with this section of the Criminal Code of Canada, there are several strategic considerations that need to be taken into account, such as: 1. The nature of the offence: The more serious the offence, the greater the likelihood that the court will order the surety to pay the bail amount. If the offence is minor, the court may be more lenient and may discharge the surety's liability. 2. The surety's financial situation: The court will consider the surety's ability to pay the bail amount before making a decision. If the surety is financially unstable, the court may be more willing to discharge their liability. 3. The relationship between the surety and the accused: If the surety has a close relationship with the accused, such as a family member or friend, the court may be more lenient in their decision-making. 4. The surety's previous criminal record: If the surety has a criminal record, the court may be less willing to discharge their liability. 5. The surety's conduct after the accused's failure to appear: If the surety has made reasonable efforts to locate the accused and bring them to court, the court may be more willing to discharge their liability. When dealing with Section 773(3) of the Criminal Code of Canada, there are several strategies that could be employed, such as: 1. Negotiation: The surety may negotiate with the prosecution or the court with regards to their liability. They may be able to provide additional information or evidence that could help sway the court's decision in their favor. 2. Seeking legal counsel: The surety may seek the advice of a lawyer who can help them navigate the legal process and provide guidance on the best course of action. 3. Documenting efforts: The surety may document all their efforts to locate the accused and bring them to court, which could serve as evidence to support their case for discharge of liability. 4. Seeking financial assistance: The surety may seek financial assistance from family or friends to pay the bail amount if the court orders them to do so. In conclusion, Section 773(3) of the Criminal Code of Canada deals with the liability of a surety who has posted bail for an accused person. When dealing with this section, it is crucial to consider the nature of the offence, the surety's financial situation, the relationship between the surety and the accused, the surety's previous criminal record, and the surety's conduct after the accused's failure to appear. Strategies such as negotiation, seeking legal counsel, documenting efforts, and seeking financial assistance can be employed to navigate the legal process successfully.