section 507(7)

INTRODUCTION AND BRIEF DESCRIPTION

This section deems a promise to appear or recognizance confirmed for the purposes of subsection 145(5) when an accused is released by a justice under section 499.

SECTION WORDING

507(7) Where, pursuant to subsection (6), a justice authorizes the release of an accused pursuant to section 499, a promise to appear given by the accused or a recognizance entered into by the accused pursuant to that section shall be deemed, for the purposes of subsection 145(5), to have been confirmed by a justice under section 508.

EXPLANATION

Section 507(7) of the Criminal Code of Canada pertains to the release of an accused. It states that if a justice authorizes the accused's release as per section 499, the promise to appear or recognizance entered into by the accused shall be deemed to have been confirmed by a justice under section 508. Section 499 of the Criminal Code provides for the release of an accused who has been arrested without a warrant. This section allows the police officer to release the accused from custody upon giving them a promise to appear in court or a recognizance. A promise to appear is a commitment to attend court at a later date, whereas a recognizance is a written agreement between the accused and the court that the accused will appear in court and comply with any conditions imposed by the court. Once the accused has given a promise to appear or entered into a recognizance, the police officer then has to bring the accused before a justice as soon as possible. The justice may either confirm the release of the accused, vary the conditions of release, or revoke the release and keep the accused in custody. Section 507(7) clarifies that if a justice authorizes the accused's release as per section 499, then the promise to appear or recognizance given by the accused shall be regarded as being confirmed by a justice under section 508. Section 508 deals with the confirmation of release by a justice based on an accused's breach of conditions of release or non-appearance in court. Overall, section 507(7) provides legal certainty by deeming a promise to appear or recognizance to have been confirmed by a justice in circumstances where a justice has already authorized an accused's release pursuant to section 499.

COMMENTARY

Section 507(7) of the Criminal Code of Canada is a provision that deals with the confirmation of a promise to appear or a recognizance entered into by an accused person who has been released on bail under section 499 by a justice of the peace. This provision clarifies that such a promise or recognizance shall be deemed to have been confirmed by a justice under section 508 for the purposes of subsection (5) of section 145. Subsection (5) of section 145 of the Criminal Code deals with the revocation of bail of an accused person who fails to comply with the conditions of their release. It provides that a justice may issue a warrant for the arrest of the accused and order their detention until their trial, if they are satisfied on a balance of probabilities that the accused has breached their bail conditions. The purpose of section 507(7) is to ensure that the promise to appear or recognizance entered into by an accused person who has been released on bail is treated as having the same legal weight and effect as if it had been confirmed by a justice under section 508. This means that if the accused person fails to comply with their bail conditions, their promise to appear or recognizance can be revoked and a warrant for their arrest can be issued. The confirmation of a promise to appear or recognizance under section 508 requires the accused person to appear before a justice, who will review the terms of their release and confirm them or modify them as necessary. This process is designed to ensure that the accused person understands their obligations and that the conditions of their release are appropriate and reasonable in the circumstances. Section 507(7) is therefore an important provision that helps to ensure that the justice system can effectively manage the release of accused persons on bail. By deeming a promise to appear or recognizance to have been confirmed by a justice under section 508, this provision ensures that the accused person is held accountable for their compliance with their bail conditions. This, in turn, helps to promote public safety and maintain confidence in the criminal justice system. In conclusion, section 507(7) of the Criminal Code of Canada is an important provision that clarifies the legal weight and effect of a promise to appear or recognizance entered into by an accused person who has been released on bail under section 499. By deeming such a promise or recognizance to have been confirmed by a justice under section 508, this provision helps to ensure that accused persons are held accountable for their compliance with their bail conditions, thus promoting public safety and maintaining confidence in the justice system.

STRATEGY

Section 507(7) of the Criminal Code of Canada deals with the release of an accused person who has been charged with a criminal offence. This provision allows a justice to authorize the release of the accused person on a promise to appear or a recognizance, which is a legal agreement that the accused person must adhere to while they are out on bail. However, this release is subject to certain conditions, and failure to adhere to these conditions can result in the accused person being arrested and remanded back into custody. One of the key strategic considerations when dealing with this section of the Criminal Code of Canada is to understand the conditions that are attached to the accused person's release. These conditions may include requirements such as reporting to a probation officer, staying away from certain individuals or locations, or refraining from certain activities. Another important consideration is the question of whether the accused person will comply with these conditions. Some accused persons may be more likely to violate their bail conditions than others, either because they have a history of non-compliance or because of their personal circumstances. It may be necessary to take steps to address these factors in order to minimize the risk of non-compliance. One possible strategy that could be employed is to negotiate with the Crown prosecutor and the court to try and secure the most favorable bail conditions possible for the accused person. This may involve providing information about the accused person's personal circumstances or showing that they are not a flight risk or a danger to the community. Another strategy that could be employed is to provide support and resources to the accused person to help them comply with their bail conditions. For example, if the condition is that they must stay away from certain individuals, it may be helpful to provide them with support in finding alternative housing or work so that they are not tempted to violate the condition. Ultimately, the goal when dealing with this section of the Criminal Code of Canada is to ensure that the accused person is able to comply with their bail conditions and stay out of custody while they await trial. By understanding the conditions and working to minimize the risk of non-compliance, it may be possible to achieve this goal and help the accused person avoid further legal complications.