section 519(1)

INTRODUCTION AND BRIEF DESCRIPTION

This section outlines the procedure for release or committal of an accused person based on their compliance with a justices order.

SECTION WORDING

519(1) Where a justice makes an order under subsection 515(1), (2), (7) or (8), (a) if the accused thereupon complies with the order, the justice shall direct that the accused be released (i) forthwith, if the accused is not required to be detained in custody in respect of any other matter, or (ii) as soon thereafter as the accused is no longer required to be detained in custody in respect of any other matter; and (b) if the accused does not thereupon comply with the order, the justice who made the order or another justice having jurisdiction shall issue a warrant for the committal of the accused and may endorse thereon an authorization to the person having the custody of the accused to release the accused when the accused complies with the order (i) forthwith after the compliance, if the accused is not required to be detained in custody in respect of any other matter, or (ii) as soon thereafter as the accused is no longer required to be detained in custody in respect of any other matter and if the justice so endorses the warrant, he shall attach to it a copy of the order.

EXPLANATION

Section 519(1) of the Criminal Code of Canada sets out the procedure for releasing an accused person who has been detained or arrested following an order made by a justice under subsection 515(1), (2), (7) or (8). The section outlines two possible scenarios: one where the accused complies with the order and another where the accused does not comply with the order. If the accused complies with the order, the justice is required to direct their release, either immediately if they are not required to be detained for any other matter, or as soon as they are no longer required to be detained for any other matter. This means that the accused will be released from custody once they have done what was required of them by the justice, such as posting bail or agreeing to certain conditions. However, if the accused does not comply with the order, the justice is required to issue a warrant for their committal and may endorse it with an authorization to release the accused if they comply with the order. This means that the accused will be required to stay in custody until they comply with the justice's order. If the justice endorses the warrant, a copy of the order will be attached to it. Overall, Section 519(1) sets out the procedure for how the release of an accused person is handled when a justice has made an order under certain subsections of Section 515. By outlining the steps to take in different scenarios, this section allows for consistency and fairness in the administration of justice in Canada.

COMMENTARY

Section 519(1) of the Canadian Criminal Code is concerned with the provision of orders and warrants for the release or detention of accused persons who have been charged with a criminal offense. This section outlines the process to be followed if a justice has made an order to release an accused person from custody and the accused either complies or fails to comply with the conditions of the order. The key aspect of this section is that it provides a framework for ensuring that accused persons are not detained in custody for any longer than necessary. If an accused person complies with the conditions of the order, they are to be released either immediately or as soon as possible after any other reasons for detention have been dealt with. This means that accused persons can be released from custody promptly, without unnecessary delay or detention. On the other hand, if the accused fails to comply with the order, the justice who made the order or another justice with jurisdiction can issue a warrant for committal. The warrant can also include an authorization for the person having custody of the accused to release them once they have complied with the order. This ensures that accused persons have the opportunity to comply with the conditions of the order and avoid any unnecessary detention. Overall, Section 519(1) is an essential part of the Canadian Criminal Code. It provides the legal framework for the efficient and fair release of accused persons from custody. By allowing for the prompt release of accused persons who comply with the conditions of the order, the section helps to ensure that individuals are not unnecessarily detained. Similarly, by allowing for the issuance of a warrant with an authorization for release, the section also ensures that accused persons have the opportunity to comply with the conditions of the order and avoid any additional detention. In addition to safeguarding the rights of accused persons, this section also serves a practical purpose in the proper functioning of the Canadian justice system. The prompt release of accused persons means that resources can be allocated more efficiently and effectively, and that court proceedings can proceed without unnecessary delay. In conclusion, the provisions contained within Section 519(1) of the Criminal Code of Canada are essential for ensuring that justice is served promptly and fairly. By providing a clear framework for the release of accused persons, this section plays a significant role in safeguarding the rights of individuals, while also ensuring the proper functioning of the Canadian justice system.

STRATEGY

Section 519(1) of the Criminal Code of Canada deals with release orders and warrants for committal of an accused person. It outlines two scenarios; one where the accused complies with the order and another where they do not. In the first scenario, the justice directs the accused to be released either immediately or as soon as they are no longer required to be detained in custody for any other matter. In the second, a warrant is issued for the committal of the accused and an authorization may be endorsed to release them when they comply with the order. When dealing with this section of the Criminal Code of Canada, there are several strategic considerations that should be taken into account. These include the nature of the offence, the accused's criminal history and their likelihood of compliance with the order. Strategies that could be employed include seeking bail variations, applying for a judicial interim release, and negotiating with the Crown. One of the first strategic considerations when dealing with this section of the Criminal Code of Canada is the nature of the offence. Some offences attract a higher likelihood of detention in custody than others. For instance, offences that carry a penalty of life imprisonment, those involving violence, or those involving organized crime, may result in a detention order. In such cases, the defence may need to prepare a strong case for judicial interim release, highlighting factors such as the accused's personal circumstances and their risk of flight. Another strategic consideration is the accused's criminal history. If the accused has a history of non-compliance with court orders or has previous convictions for similar offences, the court may be less likely to grant a release order. In such circumstances, the defence may need to present a convincing case for why the accused should be released, for instance, by providing evidence that they have family or work responsibilities that require their attendance. The accused's likelihood of compliance with the order is another vital strategic consideration. If the accused has a high likelihood of compliance, the defence may be able to negotiate with the Crown to secure their release. This could involve agreeing to strict conditions, such as a curfew or a requirement to report to the police station regularly. Strategies that could be employed when dealing with Section 519(1) of the Criminal Code of Canada include seeking bail variations, applying for a judicial interim release, and negotiating with the Crown. A bail variation may be sought if the accused is having difficulty complying with existing bail conditions. An application for a judicial interim release may be made if the accused is detained in custody and deemed unlikely to flee or reoffend. Negotiating with the Crown may entail presenting a strong case for the accused's release and agreeing to strict conditions to mitigate any concerns about flight risk or public safety. In conclusion, when dealing with Section 519(1) of the Criminal Code of Canada, the defence needs to consider several strategic factors, including the nature of the offence, the accused's criminal history, and their likelihood of compliance with the release order. Appropriate strategies include seeking bail variations, applying for a judicial interim release, and negotiating with the Crown. These strategies can help to secure the accused's release or ensure compliance with the order.