Criminal Code of Canada - section 499(1) - Release from custody by officer in charge where arrest made with warrant

section 499(1)

INTRODUCTION AND BRIEF DESCRIPTION

This section outlines the options for releasing an individual who has been arrested with a warrant for a non-section 522 offense, including the possibility of a promise to appear or entering into a recognizance before the officer in charge.

SECTION WORDING

499(1) Where a person who has been arrested with a warrant by a peace officer is taken into custody for an offence other than one mentioned in section 522, the officer in charge may, if the warrant has been endorsed by a justice under subsection 507(6), (a) release the person on the person’s giving a promise to appear; (b) release the person on the person’s entering into a recognizance before the officer in charge without sureties in the amount not exceeding five hundred dollars that the officer in charge directs, but without deposit of money or other valuable security; or (c) if the person is not ordinarily resident in the province in which the person is in custody or does not ordinarily reside within two hundred kilometres of the place in which the person is in custody, release the person on the person’s entering into a recognizance before the officer in charge without sureties in the amount not exceeding five hundred dollars that the officer in charge directs and, if the officer in charge so directs, on depositing with the officer in charge such sum of money or other valuable security not exceeding in amount or value five hundred dollars, as the officer in charge directs.

EXPLANATION

Section 499(1) of the Criminal Code of Canada pertains to the release of an individual who has been arrested by a peace officer with a warrant. If the individual is taken into custody for an offense other than those specified in section 522, the officer in charge has three options for their release. The first option is to release the person on their own promise to appear in court. The second option is to release the person on their own recognizance, without requiring any sureties, but with a limit of $500 as directed by the officer in charge. The third option is to release the person on their own recognizance, without sureties, with a limit of $500 as directed by the officer in charge, and by depositing money or other valuable security as specified by the officer in charge, if the individual is not a resident of the province in which they were arrested or if they do not live within 200 kilometers of the arrest location. This section of the Criminal Code provides a way for a person who has been arrested with a warrant to be released from custody without requiring sureties or a large deposit of funds, allowing individuals who may not have access to such resources to still be released. However, it also allows for restrictions in release based on residential status, which may be seen as discriminatory. Ultimately, this section aims to balance the need for public safety with the rights of an individual who has been arrested with a warrant.

COMMENTARY

Section 499(1) of the Criminal Code of Canada deals with the release of a person who has been arrested with a warrant by a peace officer but has been taken into custody for an offence other than the one mentioned in section 522. The section provides three options for the officer in charge to consider for the release of the detained person. They can release the person on their giving a promise to appear, on their entering into a recognizance before the officer in charge without sureties in the amount not exceeding five hundred dollars, or on their entering into a recognizance before the officer in charge with or without sureties, along with the deposit of money or other valuable security not exceeding in amount or value five hundred dollars, as the officer in charge directs. The purpose of this section is to provide flexibility to the officer in charge while ensuring the safety of the community. The officer in charge has to take into consideration various factors such as the nature of the offence, the risk of re-offending, the likelihood of the person appearing in court, and other circumstances of the case before deciding on the appropriate release method. The first option of releasing the person on a promise to appear is the most commonly used method. The person has to promise to appear in court on the date and time set for their trial. The officer in charge has to explain to the person the consequences of breaking the promise to appear, which includes arrest, forfeiture of the promised amount of money, and additional criminal charges. The officer in charge may also have to take into account the person's employment, education, and family commitments before deciding on this option. The second option, releasing the person on a recognizance without sureties, involves the person agreeing to attend court and fulfilling other conditions set by the officer in charge. This option is used when the person is deemed to have ties to the community, has no previous criminal record, and is not considered a risk to public safety or a flight risk. The amount of money set for the recognizance is usually between $500 and $2,000 and is forfeited if the person does not fulfill the conditions set by the officer in charge. The third option, releasing the person on a recognizance with or without sureties, along with a deposit of money or other valuable security not exceeding $500, is used when the person is not ordinarily resident in the province or does not ordinarily reside within two hundred kilometres of the place in which the person is in custody. This option is also used when the person is deemed to be a flight risk, has a criminal record, or is considered a risk to public safety. The money or other valuable security deposit is forfeited if the person does not fulfill the conditions set by the officer in charge. Overall, section 499(1) provides a balanced approach to the release of persons who have been arrested with a warrant by a peace officer. It ensures that those who pose a risk to public safety or are considered a flight risk are detained while allowing those who are not a risk to be released on suitable conditions. The officer in charge has to take into consideration various factors before deciding on the appropriate method of release, ensuring that justice is served while balancing the interests of all parties involved.

STRATEGY

Section 499(1) of the Criminal Code of Canada provides law enforcement officers in Canada with a range of options when it comes to deciding how the custody of someone arrested with a warrant, who has been taken into custody for an offense that is not listed in section 522 of the Code, is to be handled. In terms of strategic considerations, there are several factors that must be taken into account, with the ultimate goal being to ensure that the police are able to efficiently and effectively navigate the process of allowing someone who has been arrested to be released from custody, without imposing unnecessary burdens on either the person or law enforcement. One of the major considerations when dealing with this section of the Criminal Code of Canada is the nature of the offense that the arrested person has been taken into custody for. This is because different types of offenses will carry different levels of risk in terms of the likelihood of the arrested person re-offending or fleeing if released. For example, if the arrested person has been taken into custody for a violent crime, such as assault or murder, then the risk of them committing another crime or failing to appear in court is going to be high. In such cases, it may be necessary for law enforcement to require a higher amount of bail or a larger cash deposit before releasing the individual. Another key consideration is the financial situation of the person being arrested. If the arrested person is unable to post bail or provide a cash deposit, releasing them from custody can become more complicated. The officer in charge must then determine if the individual is able to provide other forms of collateral, such as a car, jewelry, or other valuable items. Alternatively, the officer may consider whether a third party is willing to put up collateral or co-sign the bail agreement on behalf of the arrested person. Furthermore, the officer must consider the individual's legal history, including whether or not they have a prior criminal record, before deciding on the best course of action when it comes to releases from custody. The nature of any previous offenses and whether or not the person has ever failed to appear in court can also play a significant role in determining how they should be released. Overall, the key strategic consideration when dealing with section 499(1) of the Criminal Code of Canada is to balance the need to provide justice for the crime committed with the requirement to ensure fairness for the person arrested. Some possible strategies that could be employed include more detailed background checks, increased risk assessment measures, and the use of pre-trial services or programs designed to help individuals stay out of trouble while awaiting trial. Ultimately, the best approach will depend on the specific circumstances of each individual case and the ability of law enforcement to use their discretion effectively.