section 493

INTRODUCTION AND BRIEF DESCRIPTION

The definition of officer in charge is provided for the purposes of Part XXVII of the Criminal Code of Canada.

SECTION WORDING

493 In this Part, "officer in charge" means the officer for the time being in command of the police force responsible for the lock-up or other place to which an accused is taken after arrest or a peace officer designated by him for the purposes of this Part who is in charge of that place at the time an accused is taken to that place to be detained in custody.

EXPLANATION

Section 493 of the Criminal Code of Canada outlines the definition of an "officer in charge" for the purposes of the Part VIII Detention and Release provisions. Essentially, an officer in charge is someone who has been designated as such by the police force and is responsible for the management of a lock-up or other detention facility where accused individuals are taken after being arrested. This section is important because it clarifies who is authorized to make decisions regarding an accused person's release or detention. When a person is taken into custody, it is the officer in charge who has the power to release them on a promise to appear, hold them in custody until a bail hearing, or release them on bail conditions. This individual is responsible for ensuring that all necessary procedures and protocols are followed during the accused person's detention, including recording of personal information, notification of legal rights, and provision of medical care if required. In addition, the section highlights the importance of having designated officers in charge who are trained and capable of managing detention facilities in a fair and consistent manner. It ensures that there are clear standards and guidelines in place for the treatment of accused individuals during their time in custody, and that there is accountability for any abuses or mismanagement of these facilities. Overall, this section of the Criminal Code supports the principles of due process and human rights, while also providing a clear framework for the management of accused persons during their detention.

COMMENTARY

Section 493 of the Criminal Code of Canada is a provision that defines the term "officer in charge" in a specific context. As per this section, an officer in charge refers to the officer who is in command of the police force responsible for the lock-up or other place where an accused is taken after an arrest or a peace officer designated by them for the purposes of this Part who is in charge of that place at the time an accused is taken to that place to be detained in custody. The purpose of this section is to ensure that there is accountability in the process of detaining accused persons. It provides clarity on who is responsible for the custody of an accused individual once they have been arrested. A lack of clarity on this matter could result in confusion and the possibility of abuse of power. By defining the term "officer in charge," this section ensures that an accused person is treated fairly and that their rights are protected. The term "officer in charge" is important in the context of arrests and detentions of accused individuals because it delimits the powers of police officers. Where an individual is detained after being arrested, by invoking section 493, the arresting officer must hand over custody of the accused person to the officer in charge. This provision ensures that police officers are not permitted to act autonomously and detain individuals without following the required legal procedures. It also ensures that there is a clear point of contact for an accused person to communicate with regarding their custody and detention. This section also has some practical implications. For instance, it requires police forces to ensure that there is always an officer in charge at the lock-up or other place where accused individuals are taken after an arrest. This ensures that there is a designated individual who is responsible for the custody of accused individuals and can ensure adherence to protocols regarding custody and detention. This section also recognizes that there may be instances where a peace officer designated by the officer in charge may be responsible for the custody of an accused individual. Such a provision ensures that there is flexibility in the system, depending on the specific circumstances of each case. Additionally, it is important to note that officers in charge are not immune from liability or accountability for their actions. They must also adhere to the legal requirements of the Criminal Code of Canada and the Charter of Rights and Freedoms. Thus, the officer in charge is responsible for ensuring that all legal requirements and procedures are followed when an accused is detained in custody. In conclusion, section 493 of the Criminal Code of Canada is a crucial provision that defines the term "officer in charge" in the context of arresting and detaining accused individuals. The provision provides clarity and accountability, ensuring that accused individuals are treated fairly, and their rights are respected. It is an essential tool for maintaining the integrity of the Canadian justice system.

STRATEGY

Section 493 of the Criminal Code of Canada outlines the definition of the "officer in charge" in regards to the police force responsible for the lock-up or other place of detention for an accused after an arrest. As such, there are several strategic considerations that must be taken into account from a legal perspective. One of the major considerations when dealing with section 493 is the potential for abuse of power by the officers in charge. There are protections in the Criminal Code that prohibit officers from abusing their power or mistreating detainees while they are in their custody. As such, lawyers must be vigilant about ensuring that their clients are treated fairly and humanely while in custody. Another key consideration is the potential for procedural errors to occur during the detention process. For example, if the officer in charge fails to follow proper procedures when detaining a suspect, it could be grounds for a legal challenge later on. Lawyers must be familiar with the procedures that officers in charge are required to follow and ensure that they are adhered to. One strategy that could be employed to mitigate these risks is to establish a strong relationship with the officer in charge. This could involve meeting with them ahead of time to discuss the case and ensuring that they are aware of your clients rights and the procedures they are required to follow. This can help to establish trust and make it more likely that the officer will be willing to work with you to ensure that your client is treated fairly. Another strategy that could be employed is to focus on educating your client on their rights and what to expect while in custody. This can help to reduce anxiety and stress, and ensure that they are aware of their rights so that they can report any mistreatment that occurs. Ultimately, the key to dealing with section 493 is to remain vigilant and proactive. By staying informed and working closely with the officer in charge, lawyers can help to ensure that their clients are treated fairly and that procedural errors are minimized.