section 524(4)

INTRODUCTION AND BRIEF DESCRIPTION

This section allows a judge to cancel a summons, appearance notice or recognizance and order the detention of the accused if they have contravened it or if there are reasonable grounds to believe that they have committed an indictable offence.

SECTION WORDING

524(4) Where an accused described in paragraph (3)(a) is taken before a judge and the judge finds (a) that the accused has contravened or had been about to contravene his summons, appearance notice, promise to appear, undertaking or recognizance, or (b) that there are reasonable grounds to believe that the accused 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, he shall cancel the summons, appearance notice, promise to appear, undertaking or recognizance and order that the accused be detained in custody unless the accused, having been given a reasonable opportunity to do so, shows cause why his detention in custody is not justified within the meaning of subsection 515(10).

EXPLANATION

Section 524(4) of the Criminal Code of Canada is an important provision that allows a judge to order the detention of an accused person who has contravened their summons, appearance notice, promise to appear, undertaking or recognizance, or who is suspected of committing an indictable offense after entering into such an agreement. The purpose of this provision is to ensure that accused persons comply with the terms of their bail, and to prevent them from endangering the public or interfering with the administration of justice. If an accused person is not willing to comply with the terms of their bail, then the judge can order their detention in custody until their trial. The provision also provides for a "show cause" hearing, where the accused person can argue that their detention is not justified. This gives the accused an opportunity to explain why they should be released from custody, and allows the judge to consider their circumstances and make a decision based on the evidence before them. Overall, Section 524(4) is an important tool in the criminal justice system that helps to ensure public safety, protect the administration of justice, and uphold the integrity of the bail system.

COMMENTARY

Section 524(4) of the Criminal Code of Canada pertains to the detention of accused individuals who have contravened their summons, appearance notice, promise to appear, undertaking, or recognizance. This section of the Criminal Code of Canada gives judges the power to order the detention of accused individuals unless the accused can show cause why their detention is not justified. Detention is a serious measure, and its use must be justified. This section of the Criminal Code of Canada recognizes the importance of ensuring that accused individuals who have been released on a promise to appear or recognizance comply with their legal obligations. It also recognizes that accused individuals who commit an indictable offense after being released on bail should be detained. The requirement that the accused must be given a reasonable opportunity to show cause why their detention is not justified is an important safeguard against the arbitrary use of detention. This provision ensures that accused individuals have the opportunity to present evidence and arguments in support of their release. The burden is on the accused to show that their detention is not justified, but this provision recognizes that accused individuals are entitled to due process of law and that detention is a serious measure that should be used only when necessary. This provision also underscores the importance of ensuring public safety. Accused individuals who have contravened their legal obligations or who have committed an indictable offense after being released on bail can pose a risk to public safety. Detention is a way to mitigate that risk, but it must be used with caution and only when necessary. In addition to the legal requirements for detention, judges must also consider practical considerations such as the availability of appropriate detention facilities and the impact of detention on the accused and their families. Detention can have a significant impact on the accused, particularly if they are detained for an extended period. Judges must balance the need to protect public safety with the impact of detention on the accused. Overall, Section 524(4) of the Criminal Code of Canada provides an important safeguard against the arbitrary use of detention while recognizing the importance of ensuring public safety. Its provisions strike a balance between the need to protect public safety and the rights of the accused. Judges must carefully consider the legal and practical considerations before ordering detention, and the accused must be given a reasonable opportunity to show cause why their detention is not justified.

STRATEGY

Section 524(4) of the Criminal Code of Canada empowers judges to cancel a summons, appearance notice, promise to appear, undertaking or recognizance, and order the accused to be detained in custody based on reasonable grounds to believe that the accused has committed an indictable offence after any of the above-mentioned conditions were issued or given to them. This section is a powerful tool for law enforcement officers to ensure that accused persons show up for their court appearances and do not commit further offences while on bail. When dealing with this section, there are several strategic considerations that lawyers, prosecutors, and judges should keep in mind. The first consideration is the presumption of innocence, which is a fundamental principle of Canadian criminal law. Section 524(4) provides that an accused may be detained in custody without a finding of guilt. This means that judges must balance the accused's liberty interests against the public's interest in ensuring that justice is done. A second strategic consideration is the burden of proof. Section 524(4) requires that there be reasonable grounds to believe that the accused has committed an indictable offence after any of the above-mentioned conditions were issued or given to them. This is a lower burden of proof than that required for a conviction, which is proof beyond a reasonable doubt. However, it is still a high standard, and judges must carefully consider the evidence before ordering an accused's detention. A third strategic consideration is the need for timely hearings. Section 524(4) requires that the accused be given a reasonable opportunity to show cause why their detention is not justified. This means that a bail hearing must be held promptly to ensure that the accused's detention does not become indefinite. Failure to do so could result in a violation of the accused's constitutional rights. Given these strategic considerations, there are several strategies that lawyers, prosecutors, and judges could employ when dealing with Section 524(4). The first strategy is to carefully investigate and gather evidence to establish reasonable grounds to believe that the accused has committed an indictable offence. This may involve interviewing witnesses, obtaining surveillance footage, or gathering forensic evidence. The second strategy is to present persuasive arguments at the bail hearing to show that the accused's detention is not justified. This may involve challenging the strength of the evidence, arguing that the accused is not a flight risk, or presenting evidence of the accused's good character. The third strategy is to ensure that the bail hearing is held promptly and that the accused is provided with a reasonable opportunity to show cause why their detention is not justified. This may involve seeking adjournments, scheduling the hearing at a convenient time and location, and providing the accused with access to legal counsel and any necessary support services. In conclusion, Section 524(4) of the Criminal Code of Canada is a powerful tool for ensuring that accused persons show up for their court appearances and do not commit further offences while on bail. However, it must be used with care and in accordance with the principles of Canadian criminal law. Lawyers, prosecutors, and judges should carefully consider the strategic considerations and employ effective strategies to ensure that justice is served in each case.