INTRODUCTION AND BRIEF DESCRIPTION
If an accused is ordered to attend a hearing under this section but fails to do so, a judge may issue a warrant for their arrest.
SECTION WORDING
520(5) Where an accused, other than an accused who is in custody, has been ordered by a judge to be present at the hearing of an application under this section and does not attend the hearing, the judge may issue a warrant for the arrest of the accused.
EXPLANATION
Section 520(5) of the Criminal Code of Canada is a provision that allows for the issuance of a warrant for the arrest of an accused person who fails to attend a hearing that they have been ordered to attend. This provision applies to situations where a judge orders an accused person who is not in custody to attend a hearing on an application brought under the same section of the Criminal Code. An application under section 520 of the Criminal Code of Canada relates to the release of an accused person from custody before their trial. This section allows an accused person to be released on bail or other conditions, subject to certain requirements and restrictions. The purpose of this section is to balance the rights and interests of an accused person with the need to protect society and maintain public confidence in the justice system. In order to ensure that an accused person attends a hearing on an application under section 520 of the Criminal Code of Canada, the judge may order the accused person to attend. If the accused person fails to attend the hearing without a valid excuse, the judge may issue a warrant for their arrest. This ensures that the accused person is brought before the court, where they can be held accountable for their failure to attend the hearing and where their application for release can be properly considered. Overall, section 520(5) of the Criminal Code of Canada is an important provision that helps to ensure the proper administration of justice in cases where an accused person is seeking release before their trial. By allowing judges to issue warrants for the arrest of accused persons who fail to attend hearings, this provision helps to maintain the integrity of the justice system and ensure that accused persons are held accountable for their actions.
COMMENTARY
Section 520(5) of the Criminal Code of Canada outlines the consequences for an accused who fails to attend a hearing after being ordered to do so by a judge. This provision is important because it ensures that the administration of justice is carried out efficiently and effectively, and that accused persons are held accountable for their actions. The purpose of section 520(5) is to provide an additional tool for judges to ensure that all parties are present for the hearing of an application under this section. Specifically, it allows judges to issue a warrant for the arrest of an accused who has been ordered to attend a hearing but fails to do so. This provision is particularly relevant in cases involving bail applications, where the presence of the accused is necessary to ensure that the proceedings are fair and that the proper conditions for release are established. One of the key advantages of section 520(5) is that it discourages accused persons from ignoring court orders and failing to attend hearings. By knowing that there may be consequences for not showing up, accused persons are more likely to take court orders seriously and attend hearings as required. This, in turn, ensures that the justice system operates more efficiently, with fewer delays or adjournments due to absenteeism. Section 520(5) also helps to ensure that the rights of both the accused and the victim are respected. If an accused fails to attend a hearing, for example, the victim may not have the opportunity to have their voice heard or to provide evidence that is important to the outcome of the case. By facilitating the presence of all parties, section 520(5) helps to promote fairness and impartiality in the administration of justice. However, it is also important to recognize that section 520(5) may have unintended consequences. For example, an accused person who is unable to attend a hearing due to unforeseen circumstances, such as illness or a family emergency, may be subject to a warrant for their arrest, despite their genuine inability to attend. Additionally, issuing a warrant for someone's arrest can have serious consequences, such as impacting their ability to work or travel. Overall, section 520(5) of the Criminal Code of Canada represents an important tool for judges in ensuring that accused persons attend hearings and participate in the administration of justice. While there may be some unintended consequences, the benefits of this provision in promoting fairness and efficiency in the justice system outweigh the potential drawbacks.
STRATEGY
Section 520(5) of the Criminal Code of Canada is an important provision that enables a judge to issue a warrant for the arrest of an accused who has been ordered to be present at the hearing of an application under this section and fails to attend. This section provides an important tool for ensuring compliance with bail conditions and court orders, and can be used strategically in a variety of situations. One of the key strategic considerations when dealing with section 520(5) is timing. Depending on the circumstances, it may be beneficial to delay the hearing of the application until the accused is more likely to attend. For example, if the accused is currently out of the country or in a situation where they are less likely to attend, it may be more effective to wait until they return or are in a more stable situation. On the other hand, in some situations, it may be better to proceed with the hearing as soon as possible, particularly if the accused has a history of non-compliance. Another important factor to consider is the severity of the non-compliance. In cases where the accused has simply forgotten or missed a court date, it may be more appropriate to issue a warning or reminder rather than immediately proceeding to arrest. On the other hand, if the accused has deliberately ignored court orders or bail conditions, it may be necessary to take more severe measures to ensure compliance. In some cases, it may be possible to resolve the issue without resorting to a warrant for arrest. For example, if the accused is experiencing personal or health issues that have prevented them from attending court, it may be possible to address these issues and address the root cause of the non-compliance. Similarly, if the accused is lacking in resources (such as transportation) that have prevented attendance, it may be possible to make alternative arrangements to ensure attendance at future court dates. Ultimately, the strategies employed when dealing with section 520(5) will depend on the specifics of the case and the goals of the prosecution. Effective use of this provision requires careful consideration of the circumstances, the severity of the non-compliance, and the potential consequences of proceeding with an application for arrest. By taking a strategic approach, prosecutors can maximize their chances of achieving compliance with court orders while minimizing the risks of unintended consequences.