INTRODUCTION AND BRIEF DESCRIPTION
Section 515(11) mandates the automatic detention of an accused charged with an offense listed in section 469 until they are dealt with according to law.
SECTION WORDING
515(11) Where an accused who is charged with an offence mentioned in section 469 is taken before a justice, the justice shall order that the accused be detained in custody until he is dealt with according to law and shall issue a warrant in Form 8 for the committal of the accused.
EXPLANATION
Section 515(11) of the Criminal Code of Canada is a provision that deals with the pre-trial detention of an accused who is charged with an offence mentioned in section 469 of the Criminal Code. Section 469 covers offences that are considered to be the most serious in nature and carry a potential penalty of life imprisonment, such as murder, treason, and piracy. This provision mandates that if an accused is charged with an offence mentioned in section 469 and is brought before a justice, the justice is required to order their detention in custody until they are dealt with according to law. This means that the accused cannot be released on bail or on any other terms until their trial or other legal proceedings are complete. The justice is also required to issue a warrant in Form 8 for the committal of the accused. This means that the accused will be transferred from the place where they were initially detained to a prison or other detention facility where they will be held until their trial or other legal proceedings are complete. The purpose of this provision is to ensure that individuals who are charged with the most serious offences do not pose a risk to public safety while awaiting trial and are available for trial when the time comes. It is also intended to prevent the accused from fleeing or interfering with the administration of justice. In summary, Section 515(11) of the Criminal Code of Canada is an important provision that safeguards public safety and the proper functioning of the justice system by mandating the pre-trial detention of accused individuals charged with the most serious crimes.
COMMENTARY
Section 515(11) of the Criminal Code of Canada is a provision that governs the detention of accused persons who are charged with an offense mentioned in Section 469. It mandates that justices order the detention of the accused person until they are dealt with according to the law and issue a warrant in Form 8 for the committal of the person. This section highlights the importance of the detention of accused persons when charged with serious offenses. The primary objective of Section 515(11) is to ensure the safety of the public and to prevent accused persons from committing further offenses while in detention. It is common knowledge that some people accused of serious offenses are likely to abscond or re-offend if they are released on bail. This is why this provision is necessary to ensure that accused persons are not granted bail until their matter is fully dealt with. Section 469 prescribes the most serious criminal offenses in Canadian law, including murder, treason, and piracy. These offenses carry severe penalties, including life imprisonment without a possibility of parole. As such, it is imperative that accused persons charged with these offenses are not released on bail without being first detained for an appropriate period as a means to mitigate any risks associated with releasing them prematurely. Detaining accused persons charged with serious criminal offenses serves several purposes in criminal proceedings. First, it ensures that the accused person is available for trial, and the victim's interests are protected. Second, it serves as a deterrent effect on others who may be considering committing similar offenses. It sends a message that the justice system does not tolerate serious crimes, and anyone accused of them will be detained until their matter is resolved. Third, it offers a sense of closure to victims because it assures them that the accused person will not be released back into society until their matter is dealt with. In conclusion, Section 515(11) of the Criminal Code of Canada is an essential provision in ensuring the safety of the public, ensuring the accused person's availability for trial, and preventing reoffending. It is a necessary measure to be used in cases of serious criminal offenses such as murder, treason, and piracy. Detention of accused persons is crucial to ensure that justice is served, and criminal justice system works effectively. It is important that courts continue to utilize this provision to ensure that community safety is upheld, and those accused of serious crimes are held accountable for their actions.
STRATEGY
Section 515(11) of the Criminal Code of Canada outlines the mandatory detention requirements for an accused charged with an offence mentioned in section 469. These are serious and indictable offences, such as murder, treason, and piracy. When dealing with this section of the Criminal Code, there are several strategic considerations that must be taken into account. Firstly, it is crucial to fully understand the scope and implications of this provision. Being charged with an offence under section 469 automatically triggers the detention requirements set out in section 515(11). As such, no further showing of flight risk or danger to the public is required, which can make it difficult for the defence to argue for release. Secondly, it is important to recognize that this provision can have a significant impact on the accused's ability to prepare for their case. Being held in custody can make it difficult for an accused to access legal counsel, gather evidence, and prepare a defence. This can result in an unfair trial and can be a strategic disadvantage for the defence. Therefore, several strategies can be employed to mitigate the impact of section 515(11) and increase the chances of a fair trial. For example, the defence may argue that the accused's detention is contrary to their Charter rights and seek a habeas corpus application. Alternatively, the defence could try to negotiate a bail plan with the Crown that includes strict conditions to mitigate any concerns of flight risk or danger to the public. Another possible strategy is to bring a constitutional challenge to the provision itself, arguing that it is overly broad and violates the principles of fundamental justice set out in section 7 of the Charter. This type of challenge would require demonstrating that mandatory detention significantly impinges on the accused's right to life, liberty, or security of the person, and that it is not in accordance with the principles of fundamental justice. In conclusion, section 515(11) of the Criminal Code of Canada presents significant challenges for the defence when dealing with an accused charged with a serious offence under section 469. Understanding the scope of this provision, as well as possible strategies to mitigate its impact, can be crucial to ensuring a fair trial and defending the rights of the accused.