INTRODUCTION AND BRIEF DESCRIPTION
This section states that if an accused has not been taken into custody or has been released, any appearance notice, promise to appear, summons, undertaking or recognizance remains in force in the case of a new information charging the same offence until the trial is completed unless the accused is determined to be guilty at which point they may be taken into custody.
SECTION WORDING
523(1) Where an accused, in respect of an offence with which he is charged, has not been taken into custody or has been released from custody under or by virtue of any provision of this Part, the appearance notice, promise to appear, summons, undertaking or recognizance issued to, given or entered into by the accused continues in force, subject to its terms, and applies in respect of any new information charging the same offence or an included offence that was received after the appearance notice, promise to appear, summons, undertaking or recognizance was issued, given or entered into, (a) where the accused was released from custody pursuant to an order of a judge made under subsection 522(3), until his trial is completed; or (b) in any other case, (i) until his trial is completed, and (ii) where the accused is, at his trial, determined to be guilty of the offence, until a sentence within the meaning of section 673 is imposed on the accused unless, at the time the accused is determined to be guilty, the court, judge or justice orders that the accused be taken into custody pending such sentence.
EXPLANATION
Section 523(1) of the Criminal Code of Canada governs the legal obligations of an accused who has been released from custody in connection with an offence. When an accused person is charged and released on an appearance notice, promise to appear, summons, undertaking or recognizance, these documents remain in force and apply to any new charges related to the same offence. The obligations that stem from these documents are subject to their terms, and they continue to apply until the trial is completed and/or a sentence is imposed, depending on the circumstances of the particular case. If an accused person is released from custody pursuant to an order made by a judge under subsection 522(3), which allows for the release of an accused person without a surety in certain circumstances, then the obligations described in the documents mentioned above remain in force until the trial is completed. In any other case, including cases where the accused is released on a surety, the obligations described in the documents mentioned above remain in force until the trial is completed and until a sentence is imposed on the accused. However, if the accused is determined to be guilty at trial, the court, judge or justice can order that the accused be taken into custody pending sentencing. Overall, the purpose of this section is to ensure that an accused who has been released from custody and is awaiting trial remains subject to the same legal obligations and restrictions until the trial is completed, regardless of whether new charges are brought forward related to the same offence. This contributes to the fair and consistent administration of justice in the Canadian criminal justice system.
COMMENTARY
Section 523(1) of the Criminal Code of Canada is a provision that outlines the continued application of appearances notices, promises to appear, summons, undertakings, or recognizances in cases where an accused individual has not been taken into custody or has been released from custody under certain provisions. The provision essentially states that if an accused individual is charged with an offense, and they have not been taken into custody or have been released from custody, any notices or promises given to them will still apply and be in force until their trial is completed. This provision is important in ensuring that accused individuals who are not in custody or have been released from custody are held accountable for their actions and are kept track of during their legal case. It also helps to ensure that the administration of justice is carried out smoothly by providing an added level of accountability and responsibility on the part of the accused. The provision also specifies that the notices and promises made to the accused continue to apply even in cases where new information emerges that charges the individual with the same offense or an included offense. This is an important detail that ensures that the individual remains accountable for their actions throughout the legal process, regardless of whether new information emerges. Furthermore, this provision highlights the importance of custody and the role it plays in the legal system. It acknowledges that those who are released from custody or have not been taken into custody should still be accountable for their actions and should not be exempt from the legal process. This is important in ensuring that justice is served and that all individuals, regardless of their status, are held to the same legal standards. Overall, Section 523(1) of the Criminal Code of Canada serves to strengthen the legal system and ensure that accused individuals are held accountable for their actions. It emphasizes the importance of custody in the legal system and highlights the responsibility of individuals to uphold the law and comply with the legal process. This provision is critical in ensuring that justice is served and that all individuals are held to the same legal standards, regardless of their status.
STRATEGY
Section 523(1) of the Criminal Code of Canada is an important provision that deals with the continuation of an appearance notice, promise to appear, summons, undertaking, or recognizance in cases where an accused person has not been taken into custody or has been released from custody. This provision provides some strategic considerations for both the prosecution and the defense. For the prosecution, one strategy that could be employed is to delay the release of the accused from custody until the trial is completed. This would ensure that the accused remains in custody throughout the trial, which could be advantageous for the prosecution. However, this strategy must be balanced against the accused's right to reasonable bail and the presumption of innocence. Another strategy that could be employed by the prosecution is to charge the accused with an included offence after the initial charge has been issued. This would trigger the application of section 523(1) and ensure that the appearance notice, promise to appear, summons, undertaking, or recognizance continues in force until the trial is completed. This could be useful in cases where the prosecution wants to ensure that the accused attends court and does not flee the jurisdiction. For the defense, one strategy that could be employed is to negotiate the terms of the appearance notice, promise to appear, summons, undertaking, or recognizance to ensure that it is not overly restrictive. This could include negotiating the reporting requirements, travel restrictions, or other conditions of release to ensure that the accused has reasonable freedom of movement while the case is ongoing. Another strategy that could be employed by the defense is to challenge the conditions of release or the validity of the charge itself. If the charge is dismissed or the conditions of release are found to be unreasonable, then section 523(1) would not apply, and the accused would be free to go. Overall, section 523(1) of the Criminal Code of Canada provides some strategic considerations for both the prosecution and the defense in cases where an accused person has not been taken into custody or has been released from custody. Understanding this provision and its implications can help both sides develop effective strategies for dealing with their case.