INTRODUCTION AND BRIEF DESCRIPTION
527(3) An order that is made under subsection (1) or (2) shall be addressed to the person who has custody of the prisoner, and on receipt thereof that person shall (a) deliver the prisoner to any person who is named in the order to receive him; or (b) bring the prisoner before the court, judge, justice or provincial court judge, as the case may be, on payment of his reasonable charges in respect thereof.
Section 527(3) of the Criminal Code of Canada outlines the procedures that must be followed when a court makes an order for the release of a prisoner. The section specifies that the order must be addressed to the person who has custody of the prisoner, which is typically the warden or other authorized official of the prison or correctional facility where the prisoner is being held. Upon receipt of the order, the custodial person is directed to either deliver the prisoner to any person named in the order to receive them or bring the prisoner before the court or appropriate justice. If the custodial person chooses to bring the prisoner before the court, they are responsible for paying the reasonable charges related to the transport and custody of the prisoner. This section is significant because it ensures that court orders for the release of prisoners are carried out in a timely and efficient manner. It also provides instructions for how custodial officials should handle the release of prisoners to ensure that they are done safely and in accordance with the law. Overall, the purpose of Section 527(3) of the Criminal Code is to provide clear guidelines for the release of prisoners and minimize potential delays or misunderstandings that can occur in the process. It is an essential provision in the administration of justice in Canada and helps to ensure that prisoners' rights are protected and respected.
Section 527(3) of the Criminal Code of Canada is an important provision that addresses the issue of prisoner transfer or production. This section outlines the procedures that must be followed when a court, judge, justice, or provincial court judge orders the transfer or production of a prisoner who is in custody. According to this provision, an order for the transfer or production of a prisoner must be addressed to the person who has custody of the prisoner. This means that the order must be delivered to the appropriate custodial authority, who is responsible for the safekeeping and security of the prisoner. Upon receipt of the order, the custodial authority must comply with it by either delivering the prisoner to any person who is named in the order to receive him or bringing the prisoner before the court, judge, justice, or provincial court judge on payment of reasonable charges. The purpose of this provision is to ensure that prisoners are produced or transferred safely and efficiently while ensuring that their rights and interests are protected. By specifying the procedures to be followed in such cases, section 527(3) ensures that the transfer or production of prisoners is conducted in an orderly and lawful manner. One important aspect of this provision is that it recognizes the role of the custodial authority in the transfer or production process. This recognizes that custodial authorities have a duty to ensure the safety and security of prisoners while they are in custody. This duty extends to ensuring that prisoners are safely and securely transferred or produced when required by a court, judge, justice, or provincial court judge. Another important aspect of this provision is that it specifies the conditions that must be met before a prisoner can be transferred or produced. The provision requires that an order for transfer or production must be made by a court, judge, justice, or provincial court judge. This means that the order must be based on a lawful determination and must be consistent with the legal rights and interests of the prisoner. In addition, the provision requires that the custodial authority be paid reasonable charges for the transfer or production of the prisoner. This requirement recognizes the costs associated with transferring or producing prisoners and ensures that custodial authorities are appropriately compensated for their services. Overall, Section 527(3) of the Criminal Code of Canada is an important provision that outlines the procedures for the transfer or production of prisoners. This provision ensures that prisoners are transferred or produced safely and efficiently while protecting their legal rights and interests. By recognizing the role of the custodial authority and specifying the conditions that must be met before a transfer or production can occur, this provision supports the rule of law and promotes the fair and just administration of justice.
Section 527(3) of the Canadian Criminal Code outlines the procedure to be followed when applying for the release of a prisoner on bail. The section specifies that an order for release should be addressed to the person with custody of the prisoner, who shall then release the prisoner to a named person or bring the prisoner before the court on payment of reasonable charges. There are several strategic considerations that one should take into account when dealing with this section of the Criminal Code. One strategy that can be employed is to ensure that the order for release is properly addressed to the person or entity with custody of the prisoner. This could be a correctional facility or a police station. If the order is not properly addressed, it may not be acted upon, which would delay the release of the prisoner. Making sure that the order is delivered to the appropriate person or entity will prevent any unnecessary delays and save time. Another strategic consideration is to ensure that the order for release is clear and unambiguous. This means that the order should clearly identify the prisoner and specify the conditions of their release. For example, if the prisoner is required to surrender their passport or stay within a certain geographic area, these conditions should be clearly specified in the order. This will prevent any confusion or misunderstandings and ensure that the conditions of release are complied with. It is also important to consider the timing of the application for release. Depending on the jurisdiction, there may be specific times during the day when the court or judge is available to hear bail applications. Applying at the right time can significantly reduce the waiting time for a decision. Additionally, it is important to ensure that all the necessary paperwork is in order before making the application. This includes the bail bond, any affidavits or supporting documents, and the order for release. Finally, consideration should be given to the cost of release. If the person or entity with custody of the prisoner is required to bring the prisoner before the court, they are entitled to reasonable charges. These charges can include transportation costs, administrative fees, and other expenses. It is important to budget for these costs and ensure that there are sufficient funds available to cover them. In conclusion, section 527(3) of the Canadian Criminal Code outlines the procedure for releasing a prisoner on bail. When dealing with this section, strategic considerations include ensuring that the order is properly addressed, clear and unambiguous, applying at the right time, and budgeting for the cost of release. Employing these strategies can help to ensure a smooth and timely release of the prisoner.