section 524(2)

INTRODUCTION AND BRIEF DESCRIPTION

Peace officers can arrest an accused person without a warrant if they believe they have or are about to breach a summons, appearance notice, promise to appear, undertaking or recognizance or have committed an indictable offence after such an agreement was made.

SECTION WORDING

524(2) Notwithstanding anything in this Act, a peace officer who believes on reasonable grounds that an accused (a) has contravened or is about to contravene any summons, appearance notice, promise to appear, undertaking or recognizance that was issued or given to him or entered into by him, or (b) has committed an indictable offence after any summons, appearance notice, promise to appear, undertaking or recognizance was issued or given to him or entered into by him, may arrest the accused without warrant.

EXPLANATION

Section 524(2) of the Criminal Code of Canada deals with the power of peace officers to arrest an accused without a warrant if they believe on reasonable grounds that the accused has contravened or is about to contravene any summons, appearance notice, promise to appear, undertaking or recognizance that was issued or given to him or entered into by him, or if the accused has committed an indictable offence after any of these documents were issued or given/entered into. This provision is important because it allows law enforcement to take swift action and prevent an accused from evading their legal obligations or committing further offences. For example, if an accused fails to appear in court as required, a peace officer can arrest them on the spot and bring them before the court. This ensures that the legal process can continue and that offenders are held accountable for their actions. It is important to note that the power granted by Section 524(2) is not absolute. Peace officers must have reasonable grounds to believe that an offence has been committed and that an arrest is necessary to prevent further harm or flight from justice. In addition, the accused must be brought before a judge or justice of the peace as soon as possible to determine whether the warrantless arrest was lawful. Overall, Section 524(2) serves as a valuable tool for law enforcement in the pursuit of justice and upholding the authority of the courts. Its careful application helps to maintain a balance between the rights of the accused and the interests of society as a whole.

COMMENTARY

Section 524(2) of the Criminal Code of Canada allows for peace officers to arrest an accused without a warrant if there are reasonable grounds to believe that the accused has violated or is about to violate any summons, appearance notice, promise to appear, undertaking or recognizance that was issued or given to him or her. This section of the Criminal Code of Canada is a powerful tool in the hands of peace officers, as it allows them to take prompt action if they believe that an accused is likely to evade justice or pose a threat to public safety. It also provides law enforcement with an important means of enforcing court orders and ensuring public trust in the justice system. However, the use of this provision must be carefully balanced with the rights and freedoms of the accused. The provision requires that peace officers have reasonable grounds" to believe that an accused has violated or will violate court orders or committed another indictable offense. This standard requires a degree of concrete suspicion that can be objectively verified. Additionally, this section of the Criminal Code only applies to those accused who have previously been subject to summons, appearance notices, promises to appear, undertakings, or recognizances. This ensures that the section is not used indiscriminately and that sufficient due process has been followed in previous interactions with the accused. It is also important to note that section 524(2) does not provide peace officers with unlimited power to arrest without a warrant. Rather, its use must be justified by specific circumstances that demonstrate both the likelihood of the accused violating court orders or committing an indictable offense and the need for immediate action to prevent those violations from occurring. Overall, section 524(2) of the Criminal Code of Canada strikes a balance between the important need to enforce court orders and protect public safety, while also safeguarding individual rights and freedoms. It is a vital part of Canada's justice system and must be used judiciously and with due regard for the rights of those accused of offenses.

STRATEGY

Section 524(2) of the Criminal Code of Canada gives peace officers the power to arrest an accused without warrant if they have reasonable grounds to believe that the accused has contravened or is about to contravene any summons, appearance notice, promise to appear, undertaking or recognizance that was issued or given to him or entered into by him, or has committed an indictable offence after any of these documents were issued or given to him. Strategic Considerations: When dealing with this section of the Criminal Code of Canada, several strategic considerations must be taken into account by peace officers: 1. Reasonable Grounds: Peace officers must satisfy themselves that they have reasonable grounds to believe that an accused has either contravened or is about to contravene any of the documents mentioned in the section or has committed an indictable offence. 2. Timing: The timing of the arrest is crucial. Peace officers must arrest the accused before they leave the jurisdiction or vanish into the unknown. Therefore, the arrest must take place as soon as possible. 3. Safety: Peace officers must consider their safety and the safety of the accused during arrest. They must use appropriate force and tactics to ensure that the accused is arrested safely. 4. Documentation: Peace officers must document the reasons for the arrest and the circumstances leading to the arrest, with particular attention to the reasonable grounds for believing that the accused has committed an offence. Strategies: Several strategies can be employed when dealing with Section 524(2) of the Criminal Code of Canada: 1. Surveillance: Peace officers can conduct surveillance on the accused if they believe that the individual is about to contravene any of the documents mentioned in this section. This strategy can help the officers capture the accused in the act of contravention. 2. Warrant Checks: Peace officers can check for outstanding warrants on a regular basis, and they can quickly arrest the accused if they find an outstanding warrant. 3. Communication: Peace officers can communicate with the accused before making an arrest. This strategy can help resolve the situation peacefully without any need for force. 4. Plainclothes and Undercover Operations: Peace officers can conduct plainclothes or undercover operations to gather intelligence and evidence before making an arrest. This strategy can help ensure that the arrest is made correctly, and the accused does not have any chance to escape. 5. Coordinated Efforts: Peace officers must coordinate their efforts when arresting an accused. This strategy can help ensure that the accused is arrested safely and that the peace officers are not in danger. In conclusion, Section 524(2) of the Criminal Code of Canada gives peace officers the authority to arrest an accused without warrant under certain circumstances. However, before making an arrest, peace officers must take some strategic considerations, such as reasonable grounds, timing, safety, and documentation, into account. Moreover, they can employ multiple strategies, such as surveillance, warrant checks, communication, plainclothes and undercover operations, and coordinated efforts, to ensure the arrest is made successfully and safely.