section 524(12)

INTRODUCTION AND BRIEF DESCRIPTION

Sections 517, 518, and 519 apply with modifications to proceedings under section 524, except for subsection 518(2) which does not apply to accused persons charged with an offense listed in section 522.

SECTION WORDING

524(12) The provisions of sections 517, 518 and 519 apply with such modifications as the circumstances require in respect of any proceedings under this section, except that subsection 518(2) does not apply in respect of an accused who is charged with an offence mentioned in section 522.

EXPLANATION

Section 524(12) of the Criminal Code of Canada refers to the provisions of three other sections of the Code, namely sections 517, 518, and 519. These sections deal with the granting of bail in criminal proceedings, and the modifications to be made depend on the specific circumstances of each case. Section 517 sets out the general principles for the granting of bail, and requires that the accused be released unless there is a justification for keeping them in custody. Section 518 deals with the procedures for the hearing of bail applications, while section 519 sets out the types of conditions that can be imposed on an accused who is granted bail. According to section 524(12), these provisions apply to any proceedings under section 524 of the Criminal Code, which deals with the powers of a court to stay proceedings or dismiss an indictment if there has been an abuse of process or if it is otherwise necessary to prevent an unfair trial. However, some modifications may be required depending on the circumstances of the case. Notably, subsection 518(2) does not apply in the case of an accused who is charged with an offence mentioned in section 522. Section 522 relates to certain serious offences, such as murder, treason, and certain types of terrorism offences, for which the onus is on the accused to show why they should be released on bail. Overall, section 524(12) ensures that the general principles and procedures for the granting of bail in criminal proceedings are applicable in cases under section 524, with any necessary modifications to ensure fairness and justice in each specific case.

COMMENTARY

Section 524(12) of the Criminal Code of Canada is a provision that regulates the application of sections 517, 518, and 519 to any proceedings under this section. The provision states that these sections, which relate to the release of an accused person pending trial, apply with modifications as necessary, except for subsection 518(2) in the case where an accused person is charged with an offence mentioned in section 522. Section 517, entitled "Release from custody pending appearance in court," provides that an accused person may be released from custody pending appearance in court, subject to certain conditions, such as depositing a sum of money, entering into a recognizance, or surrendering their passport. The purpose of this section is to balance the interests of justice with the right to liberty. Section 518, entitled "Review of detention," allows for the review of a detention order by a higher court or judge. This section is intended to protect the rights of an accused person and ensure that they are not held in custody unnecessarily or for an excessive period. Section 519, entitled "Release on undertaking without deposit or surety," allows an accused person to be released from custody without having to deposit money or provide a surety, subject to certain conditions, such as reporting to a police officer, remaining within a specific jurisdiction, or abstaining from drugs or alcohol. Section 522, titled "Mandamus," provides that if a person is in custody without sufficient cause, a court may issue a writ of mandamus, requiring the person's release. Section 524(12) of the Criminal Code of Canada is significant because it ensures that the principles of justice are upheld during criminal proceedings. It provides a framework for the release of an accused person pending trial while affording them the chance to defend themselves effectively. By allowing for modifications to be made to these sections as necessary, it makes sure that the interests of justice are preserved. It also highlights the importance of protecting the rights of the accused person and ensuring that they receive a fair trial. The exemption of subsection 518(2) in the case of an accused person charged with an offence mentioned in section 522 is interesting. This subsection provides that a judge may consider the strength of the case against the accused person when deciding whether to release them from custody. However, in cases where section 522 applies, the accused person is already presumed to be in custody without sufficient cause. Hence, it would not be appropriate to consider the strength of the case against them at this point. Therefore, the exclusion of subsection 518(2) in such cases is understandable. In conclusion, section 524(12) of the Criminal Code of Canada is a crucial provision that ensures that the interests of justice are balanced with the rights of the accused person during criminal proceedings. It provides a framework for the release of an accused person pending trial, while preserving the principles of justice. The exception of subsection 518(2) in the case of an accused person charged with an offence mentioned in section 522 demonstrates the unique nature of this provision and the importance of protecting the rights of the accused in such cases.

STRATEGY

Section 524(12) of the Criminal Code of Canada deals with the release from detention of an accused who has been ordered to stand trial. It provides that the provisions of sections 517, 518, and 519 apply with some modifications in respect of such proceedings. This section is essential in criminal proceedings as it helps to ensure that the accused receives a fair trial and that their rights are protected. When dealing with section 524(12) of the Criminal Code of Canada, there are several strategic considerations that both the prosecution and defence counsel may need to take into account. Some of these strategic considerations include: 1. Length of detention: The length of time an accused has been in detention can have a significant impact on the court's decision regarding their release. Therefore, both the prosecution and defence counsel may need to consider whether it is appropriate to request the accused's release at an earlier stage in the proceedings. 2. Nature of the offence: The nature of the offence can also impact the court's decision on whether to release the accused. If the offence is serious, and the accused is perceived to be a danger to the community, then there may be a greater likelihood that they will be held in custody. 3. Strength of the evidence: The strength of the evidence against the accused can also be a determining factor in whether they are released or remain in custody. If the evidence is weak, defence counsel may argue that the accused should be released pending trial. 4. Flight risk: There may be concerns that the accused may flee the jurisdiction if released from custody. This is a factor that both the prosecution and defence will need to consider when making arguments for or against the accused's release. 5. Public interest: The public interest is an important consideration in any criminal proceeding. The court will need to consider whether the accused's release is in the public interest or whether it poses a risk to public safety. In terms of strategies that could be employed by both the prosecution and defence in dealing with this section of the Criminal Code, there are several options available. Some of these strategies may include: 1. Bail agreements: Defence counsel may negotiate a bail agreement with the prosecution that would allow the accused to be released with certain conditions, such as reporting to a bail supervisor, refraining from contact with certain individuals, or agreeing to an electronic monitoring system. 2. Sureties: A surety is a person who agrees to take responsibility for the accused's behaviour while they are out on bail. This person must be willing to ensure that the accused complies with the bail conditions and will appear in court when required. 3. Applying for bail review: If a bail application is denied, defence counsel may apply to have the decision reviewed by a higher court. This can be a time-consuming process, but it could result in the accused's release. 4. Plea negotiations: If the prosecution's case is strong, defence counsel may consider negotiating a plea agreement with the Crown that could result in the accused's early release. 5. Seeking adjournments: If there are issues that need to be resolved before the accused's release can be considered, such as finding a suitable surety, defence counsel may request an adjournment to allow for more time to prepare. In conclusion, when dealing with section 524(12) of the Criminal Code of Canada, both the prosecution and defence counsel must consider several strategic factors when making arguments for or against an accused's release. There are several strategies available, including bail agreements, sureties, applying for bail review, plea negotiations, and seeking adjournments. Ultimately, the goal is to ensure that the accused receives a fair trial while protecting public safety.