section 521(6)

INTRODUCTION AND BRIEF DESCRIPTION

This section requires the judge to issue a warrant for the committal of the accused if they are not in custody and have been ordered to be detained.

SECTION WORDING

521(6) Where, pursuant to paragraph (8)(e), the judge makes an order that the accused be detained in custody until he is dealt with according to law, he shall, if the accused is not in custody, issue a warrant for the committal of the accused.

EXPLANATION

Section 521(6) is a provision of the Criminal Code of Canada that deals with the committal of an accused person who has been ordered to be detained in custody until they are dealt with according to law. This provision is particularly relevant in cases where an accused individual is deemed a flight risk or poses a threat to society, and as such, needs to be kept in custody until the completion of their trial. When a judge deems it necessary to detain an accused person until they are dealt with according to law, they have the power to issue an order to that effect. Additionally, if the accused is not already in custody, the judge is required to issue a warrant for their committal. In practical terms, this means that the accused will be arrested and taken into custody, where they will remain until their trial or until the judge orders their release. Section 521(6) is an important safeguard against flight risk and the potential threat to society posed by certain accused individuals. It ensures that those who are deemed to be a danger to society are kept in custody until they can be safely released or dealt with according to the law. This provision, therefore, enables the justice system to maintain public safety while ensuring that the rights of the accused are protected.

COMMENTARY

Section 521(6) of the Criminal Code of Canada deals with the situation where a judge has to make an order for the detention of an accused person until they have been dealt with according to the law. This section mandates that if the accused person is not already in custody, the judge must issue a warrant for their committal after making the detention order. This section ensures that the accused person is detained and held accountable for their actions until a trial or sentencing takes place. The provisions of this section are reflective of the importance placed on detention in the criminal justice system. Detention plays a crucial role in administering justice and maintaining order in society. The accused who has been deemed to pose a danger to society or to be a flight risk must be detained until he/she appears before a court. This serves as a preventive measure, ensuring that the accused person cannot interfere with the course of justice, intimidate witnesses or victims, or engage in any criminal activity. Furthermore, it is also a fundamental human right that the victim of a criminal offence has a right to see justice served and that the accused must be held accountable for their actions. However, the detention of an accused person should not be arbitrary or indefinite. According to Section 11(e) of the Canadian Charter of Rights and Freedoms, every individual has the right to a fair and speedy trial or hearing. Therefore, detention awaiting trial should not be unnecessarily prolonged, and the accused person should be given an opportunity to challenge their detention. This is where Section 521(9) of the Criminal Code becomes relevant, which allows the accused person to apply to the court for their release on bail. The section also recognises that the judge can make an order for the detention of the accused person only under special circumstances, such as where the evidence against the accused is strong, the seriousness of the offence, the likelihood of the accused committing an offence while on bail, or the probability of the accused person not appearing at his/her trial. Thus, the judge's order for detention should be based on clear and cogent reasons reflecting the critical importance of the detention order in the criminal justice system. Overall, Section 521(6) of the Criminal Code of Canada is an essential aspect of the Canadian criminal justice system, which upholds the rule of law and ensures that accused persons face the consequences of their actions. However, it is crucial that the detention of an accused person be based on sufficient and adequate grounds and that the accused be given an opportunity to challenge their detention. This is crucial to ensure that the rights and freedoms of every individual are upheld and protected.

STRATEGY

Section 521(6) of the Criminal Code of Canada is an important provision that deals with the detention of an accused person until they are dealt with according to law. This provision allows for the issuance of a warrant for the committal of the accused if they are not in custody. There are several strategic considerations that come into play when dealing with this section of the Criminal Code of Canada, and different strategies can be employed to handle these situations. One of the most important strategic considerations when dealing with section 521(6) is the potential impact that the detention of the accused may have on their case. If the accused is detained, this can affect their ability to access legal counsel, gather evidence in their defense, and prepare for trial. It can also have a significant impact on the accused's mental and emotional well-being, as well as their ability to maintain employment and care for their family. To combat the negative effects of detention, one strategy that could be employed is to seek bail for the accused. Bail may be granted if it can be shown that the accused does not pose a flight risk, is not likely to commit another crime, and that the detention is not necessary to protect the public. Another strategic consideration when dealing with section 521(6) is the potential to use it as a bargaining chip in plea negotiations. If the accused is facing serious charges and is likely to be detained until trial, they may be more likely to accept a plea bargain that includes a reduced sentence or a lighter charge. To use this strategy effectively, defense counsel may need to present evidence that shows the potential negative consequences of detention on the accused, such as the impact on their ability to care for their family or maintain their employment. This may help to persuade the prosecution to offer a more favorable plea deal. Finally, strategic considerations when dealing with section 521(6) may also include the need to challenge the constitutionality of the provision itself. Lawyers may argue that the provision infringes on an accused person's right to liberty, and that detention without bail is a violation of their Charter rights. While challenging the constitutionality of section 521(6) may be a long shot, it can be a viable strategy in cases where the accused is facing serious charges and the negative impact of detention is significant. In conclusion, section 521(6) of the Criminal Code of Canada is an important provision that deals with the detention of an accused person until they are dealt with according to law. Defense counsel must carefully consider the potential impact of detention on their client and employ various strategies, such as seeking bail or using detention as a bargaining chip in plea negotiations. Additionally, defense counsel may need to challenge the constitutionality of the provision itself in order to protect their clients' rights and interests.