section 493

INTRODUCTION AND BRIEF DESCRIPTION

This section defines promise to appear in the context of the Criminal Code of Canada.

SECTION WORDING

493 In this Part, "promise to appear" means a promise in Form 10.

EXPLANATION

Section 493 of the Criminal Code of Canada defines the term "promise to appear" within the context of the Criminal Code of Canada. A promise to appear is an agreement made by an accused individual that they will appear in court at a later date to answer to charges against them. This promise is made using a specific form, known as Form 10. A promise to appear is a legal tool used to ensure the attendance of an accused individual in court. By signing Form 10, the accused agrees to appear at a specific time and place, as specified by the court. Failure to comply with this agreement can result in additional charges, such as failure to appear, which may carry serious consequences, including fines and imprisonment. The purpose of the promise to appear is to guarantee that an accused individual will attend court. This allows the court to proceed with the case in a timely and orderly manner. Failure to appear can cause delays, disruptions, and additional expenses to the court system. By agreeing to a promise to appear, an accused individual is accepting responsibility for their actions and pledging to cooperate with the judicial process. Overall, section 493 of the Criminal Code of Canada is an important provision that helps ensure the efficient and effective administration of justice. By clearly defining the term "promise to appear" and requiring the use of a specific form, the Criminal Code outlines essential procedures that enhance the fairness and integrity of the Canadian legal system.

COMMENTARY

Section 493 of the Criminal Code of Canada defines the term "promise to appear" and is an important provision in the criminal justice system. Promises to appear are an essential aspect of judicial proceedings and are commonly used to secure the attendance of accused individuals in court. The promise to appear provision establishes the form for the promise to appear document. This document is a written agreement between the accused and the court. The form is known as Form 10 and it ensures consistency across the country in the way promises to appear are recorded. This form includes key information such as the date of the alleged offence, the court appearance date, and any conditions that may be included as part of the promise to appear. The promise to appear provision is a critical tool that helps to ensure the efficient and effective administration of justice. It allows courts to compel accused individuals to attend court on a specified date. This is important because it ensures that the accused individual can receive a fair trial and that their case can be processed in a timely manner. One of the key advantages of the promise to appear provision is its flexibility. Judges have discretion in deciding whether or not to require a promise to appear. This flexibility allows judges to consider the unique circumstances of each case and make a determination about whether a promise to appear is necessary. The promise to appear provision also provides power to the police to make arrests. If an accused person fails to comply with a promise to appear, the police can arrest them and bring them before a justice. This provision helps to ensure that individuals who have been charged with a criminal offence are held accountable for their actions. It is important to note that there are consequences for failing to comply with a promise to appear. Failing to appear in court can result in additional charges and the issuance of a warrant for the accused individual's arrest. Moreover, failing to attend court can result in negative consequences for the accused persons case, potentially leading to increased sentences or other penalties. Overall, section 493 is an essential provision in the Canadian criminal justice system. It ensures the efficient administration of justice and helps to maintain public order. The promise to appear provision is a powerful tool that helps to ensure that accused individuals attend court and are held accountable for their actions. The consistency provided by Form 10 ensures that promises to appear are properly documented and that the critical information required for the court to proceed with the case is recorded accurately.

STRATEGY

Section 493 of the Criminal Code of Canada sets out the definition of a promise to appear, which is an essential part of the Canadian legal system. Specifically, this section outlines the form in which a promise to appear should be made, which is Form 10. When dealing with this section of the Criminal Code of Canada, there are several strategic considerations that must be carefully considered. Firstly, one of the main strategic considerations that must be taken into account is the manner in which the promise to appear is made. Specifically, the form in which the promise to appear is made must be in accordance with Form 10, which is a legally required document that must be completed accurately and submitted to the appropriate authorities. If the promise to appear is not made in accordance with Form 10, it may not be valid, and this could have serious consequences for the accused. Another strategic consideration when dealing with this section of the Criminal Code of Canada is the timing of the promise to appear. Specifically, the accused must promise to appear on a specific date and time, and failure to do so can result in serious consequences. Therefore, it is essential that the accused take their appearance seriously and make every effort to meet their obligation to appear in court. Moreover, it is important to note that there are certain strategies that can be employed when dealing with this section of the Criminal Code of Canada. For example, an accused person may wish to negotiate with the prosecutor to have their charges reduced or dropped altogether. Alternatively, they may wish to seek legal representation to help them navigate the complex legal system and maximize their chances of achieving a positive outcome in their case. Finally, there are several other factors that must also be considered when dealing with this section of the Criminal Code of Canada, including the nature of the allegations against the accused, the specific circumstances of their case, and the availability of evidence to support their defense. Ultimately, the key to success when dealing with this section of the Criminal Code of Canada is to carefully consider all of the relevant factors and strategically plan a course of action that is tailored to the specific needs of the accused.