INTRODUCTION AND BRIEF DESCRIPTION
Defendants in summary conviction court may appear personally or through representation, but the court may require their personal appearance and issue a warrant if necessary.
SECTION WORDING
800(2) A defendant may appear personally or by counsel or agent, but the summary conviction court may require the defendant to appear personally and may, if it thinks fit, issue a warrant in Form 7 for the arrest of the defendant and adjourn the trial to await his appearance pursuant thereto.
EXPLANATION
Section 800(2) of the Criminal Code of Canada outlines the various ways in which a defendant can appear before a summary conviction court in relation to a criminal proceeding. A defendant can choose to appear personally, through a counsel or agent. However, the summary conviction court reserves the right to require a defendant to appear in person. In such a situation, the court also has the power to issue a warrant in Form 7 for the defendant's arrest and adjourn the trial until they appear. This means that if the defendant fails to appear before the court when required, a warrant for their arrest can be issued. Once arrested, they are compelled to attend the trial to face the charges brought against them. The provision is important in safeguarding the justice system and ensuring that legal proceedings are conducted fairly and in such a way that the defendant receives a fair trial. It helps to ensure that all parties involved in the legal process have an equal opportunity to present their case and address any issues raised by the charges brought against them. Overall, Section 800(2) of the Criminal Code of Canada is essential in ensuring the integrity of the criminal justice system and upholding the rights of both defendants and victims in legal proceedings.
COMMENTARY
Section 800(2) of the Criminal Code of Canada sets out the requirements for the appearance of a defendant in a summary conviction court. This section of the criminal code is important because it outlines the conditions under which a defendant may appear in court or may be required to appear in person, as well as the consequences of failing to appear, such as the issuance of a warrant for arrest. The section gives defendants a range of options for how they appear in court, including appearing in person, through their lawyer or with the help of an agent. This provision is important because it acknowledges that not all defendants will be able to appear in person due to various reasons, such as distance or illness. By allowing a defendant to appear with an agent, such as a relative or representative, the code enables a defendant to maintain their right to a fair trial even when they are unable to attend in person. At the same time, however, section 800(2) allows the summary conviction court to require the defendant to appear in person if deemed necessary. This can be a useful tool for judges or magistrates, who may need to assess the demeanour or credibility of the accused in person. Additionally, in cases where considering the offence, or other factors, the court feels that personal appearance is necessary, it can use this provision to request it from the defendant. Moreover, if the court requires the defendant to appear in person and the defendant fails to do so, the court may issue a warrant for the arrest of the defendant. This provision is particularly vital as it ensures no one can evade legal consequence by simply not appearing in court. By issuing a warrant and adjourning the trial until the defendant appears, the court guarantees that the trial proceeds as planned and there is no unnecessary delay in the justice system. In conclusion, section 800(2) is a vital provision in the Criminal Code of Canada because it enables flexibility in the appearance of the defendant, allowing them to appear by counsel, agent, or in person. It also empowers the court to request the appearance of the defendant when necessary and issue a warrant if they fail to appear. Ultimately, this ensures that the justice system operates justly and efficiently, protecting the rights of both the defendant and society.
STRATEGY
Section 800(2) of the Criminal Code of Canada provides an option for defendants to appear in court personally, by counsel, or through an agent. However, it also authorizes the summary conviction court to require a defendant to appear personally and issue a warrant for their arrest if necessary. In such cases, it is crucial to consider the potential challenges and strategies that could be adopted. One strategy for defendants when dealing with this section is to ensure they have legal representation. A skilled lawyer can work with the court on behalf of the defendant, helping to negotiate alternative solutions that do not require their client's arrest or presence in court. For instance, the lawyer could seek to persuade the court to accept written submissions or request an adjournment to enable a defendant to make arrangements for their court appearance. Another strategy is to be prepared for possible circumstances that may lead to an arrest warrant. For instance, defendants should be aware of the terms and conditions of their release, which may include requirements for their attendance in court. Failure to comply with such conditions could result in a warrant being issued. As such, it is important for defendants to stay informed and up-to-date on all related information. If a warrant is issued for their arrest, defendants could take proactive steps to reduce their risk of being taken into custody. For example, they could surrender themselves to the authorities rather than waiting to be arrested. This approach demonstrates a willingness to cooperate and may lead to a more favorable disposition on the part of the court. In addition to these strategies, defendants could also consider their reputation and public image, particularly in cases that receive media attention. Being seen as cooperative and compliant can go a long way in reducing negative publicity and potential legal repercussions. In conclusion, Section 800(2) of the Criminal Code of Canada grants considerable discretion to the summary conviction court in determining whether defendants should appear in person or not. As such, defendants should work closely with their legal representatives to develop appropriate strategies to address any potential challenges. These could involve seeking alternative solutions, preparing for potential arrest warrants, and adopting a proactive approach to manage their reputation and public image.