INTRODUCTION AND BRIEF DESCRIPTION
If the judge does not make a finding of guilt or danger, the accused must be released from custody.
SECTION WORDING
524(7) Where the judge does not make a finding under paragraph (4)(a) or (b), he shall order that the accused be released from custody.
EXPLANATION
Section 524(7) of the Criminal Code of Canada outlines the circumstances under which an accused person must be released from custody. This section comes into play when a judge presiding over a bail hearing does not make a finding under paragraphs 4(a) or (b) of the same section. Paragraphs 4(a) and (b) require the judge to assess whether the detention of the accused is necessary to ensure their attendance at trial or to protect the public. If the judge does not find that either of these justifications applies to the accused, then they must be released from custody. This reflects the principle of the presumption of innocence, which is enshrined in Canada's legal system. Under this principle, an accused person is assumed to be innocent until proven guilty and should not be punished or penalized before being convicted of the offence. However, this does not mean that the accused is automatically released without any conditions. The judge may impose certain conditions on the release, such as requiring the accused to report to the police regularly or to live at a certain address. These conditions are designed to ensure that the accused will appear in court to face their charges and will not pose a risk to the public. Overall, Section 524(7) of the Criminal Code reflects the importance of upholding the fundamental principles of justice and the rights of accused persons in Canada's legal system.
COMMENTARY
Section 524(7) of the Criminal Code of Canada is a crucial provision that aims to safeguard the rights of the accused. The section requires that where a judge does not make a finding under paragraph (4)(a) or (b), the accused must be released from custody. Paragraph (4) (a) and (b) deal with situations where a judge either orders the accused to be detained or imposes conditions for release. This provision is a vital aspect of the criminal justice system because it ensures that the accused is not arbitrarily detained without evidence to support detention or bail conditions. Additionally, this provision ensures that the accused's rights to liberty and the presumption of innocence are protected. The presumption of innocence is a fundamental principle of the criminal justice system that guarantees that every person accused of a crime is innocent until proved guilty beyond a reasonable doubt. Section 524(7) reinforces this principle by ensuring that the accused is not detained without a finding under paragraph (4)(a) or (b). The section prevents the accused from being treated as a criminal before proven guilty, thus ensuring their liberty is not unnecessarily restricted. Furthermore, section 524(7) reflects the importance of the right to liberty in a democratic society. The right to liberty is a cornerstone of the Canadian Charter of Rights and Freedoms, and it ensures that individuals are free from arbitrary detention without sufficient cause. The provision in section 524(7) is in line with this fundamental freedom, as the accused is only detained in situations where there is sufficient evidence to support detention or when specific bail conditions are deemed necessary by the judge. Section 524(7) also ensures that individuals are not disadvantaged by the justice system due to their socio-economic status. Bail conditions or detention can negatively impact individuals, and those on low income may be particularly vulnerable. The provision in section 524(7) ensures that the accused is not unfairly disadvantaged on the basis of their socio-economic status. In conclusion, section 524(7) of the Criminal Code of Canada is a crucial aspect of the criminal justice system that protects the rights of the accused. The provision reinforces the principles of the presumption of innocence and the right to liberty. It ensures that individuals are not discriminatorily detained or disadvantaged by socio-economic status. By requiring sufficient evidence for detention or specific bail conditions, section 524(7) ensures that the justice system is fair, just, and in line with fundamental freedoms and values enshrined in the Canadian Charter of Rights and Freedoms.
STRATEGY
Section 524(7) of the Criminal Code of Canada is a vital provision that governs the release of the accused from custody after the court hearing. It mandates the judge to release the accused if he does not make a finding under paragraph 4(a) or (b). It means that when the judge does not find enough evidence to hold the accused in custody, he is obligated to release the accused. This article explores some strategic considerations when dealing with this section of the Criminal Code of Canada and the strategies that could be employed. One of the strategic considerations is to understand the burden of proof. It is the responsibility of the prosecution to prove the accused is guilty beyond a reasonable doubt. The defense lawyer must ensure that the prosecutor meets this threshold if they want to continue holding the accused in custody. The accused holds the presumption of innocence until the prosecution can prove otherwise. As a result, the defense lawyer must demand that the prosecutor demonstrates sufficient evidence to justify the accused's detention, or else they must release him. Another consideration is understanding the prosecutor's case and raising compelling arguments to the contrary. It means that the defense lawyer must analyze the prosecutor's case and understand the evidence they intend to present in court. The lawyer must be vigilant in challenging the prosecutor's evidence, and if they find any weaknesses, they must exploit them. Moreover, they should challenge the prosecutor's case by creating reasonable doubts in the minds of the judge and jury. An effective strategy is to request a bail review hearing. If the bail hearing does not go in the accused's favor, the defense lawyer can request a review hearing to contest the earlier decision. The judge may admit new evidence or review the existing one to make a different ruling. The defense lawyer may present new information or evidence that would have a bearing on the accused's detention. Moreover, if the bail review hearing turns out in the accused's favor, the judge should release the accused immediately. Another strategy is to argue for the least restrictive terms of release. It means that the defense lawyer may recommend less severe conditions than those proposed by the prosecutor. In doing so, they increase their chances of obtaining the judge's approval for the release. When the defense lawyer can suggest conditions, such as curfews, stay-away orders, or regular reports to the police, that satisfy the judge, the accused may be released from custody pending trial. Finally, the defense lawyer may motion to dismiss the case. If all other strategies fail, the defense lawyer may move to dismiss the case altogether. Dismissal of the case is only possible if there is no credible evidence to support the prosecution's case or if the prosecution violates the accused's rights. The defense lawyer must scrutinize the prosecutor's case and the circumstances of the arrest to find any way of achieving this result. In conclusion, Section 524(7) of the Criminal Code of Canada is an essential provision that mandates the judge to order the accused's release if he does not find enough evidence to hold him in custody. Defense lawyers need to understand the burden of proof, raise compelling arguments, request bail review hearings, argue for the least restrictive terms of release, and, as a last resort, move to dismiss the case. They must also be vigilant in ensuring that the prosecutor meets their burden of proof and that the accused's rights are protected.