Criminal Code of Canada - section 672.87 - Delivery and detention of accused

section 672.87

INTRODUCTION AND BRIEF DESCRIPTION

This section outlines the authority of a warrant to allow custody and detention of an accused person.

SECTION WORDING

672.87 A warrant described in subsection 672.86(2) is sufficient authority (a) for any person who is responsible for the custody of an accused to have the accused taken into custody and conveyed to the person in charge of the place specified in the warrant; and (b) for the person specified in the warrant to detain the accused in accordance with any disposition made in respect of the accused under paragraph 672.54(c).

EXPLANATION

Section 672.87 of the Criminal Code of Canada describes the authority of a warrant that has been obtained under subsection 672.86(2). This warrant is issued by a judge or justice of the peace and authorizes a person who is responsible for the custody of an accused to take them into custody and transfer them to the person in charge of a specific place listed in the warrant. The warrant also allows the person specified in the warrant to detain the accused in accordance with any disposition that has been made in respect of the accused under paragraph 672.54(c). This means that the accused may have been subject to a court order or a disposition made under the Criminal Code, such as being held in custody until their trial or sentencing. This section provides clarity on the authority of the warrant and the power it grants to the person in charge of the accused. It ensures that the custody and detention of the accused are carried out in accordance with the legal framework of the Criminal Code of Canada. Overall, this section reinforces the importance of due process in the Canadian justice system and highlights the legal procedures that must be followed when taking an accused into custody and detaining them.

COMMENTARY

Section 672.87 of the Criminal Code of Canada outlines the authority of a warrant described in subsection 672.86(2). This section emphasizes that such a warrant is sufficient authority for any person responsible for the custody of an accused to have them taken into custody and conveyed to the person in charge of the place specified in the warrant. It also grants the person specified in the warrant the authorization to detain the accused according to any disposition made under paragraph 672.54(c). This section of the Criminal Code is essential in ensuring that accused persons are handled lawfully and appropriately without infringing on their human rights. It provides clear guidelines for the detention of accused persons, which is necessary to prevent unlawful detention, false imprisonment, or rights violations. The warrant described in this section is specific and provides reasonable grounds for the detention of the accused. The first part of the section emphasizes that any person responsible for the custody of the accused is required to take them into custody and convey them to the specified place. This provision ensures the safety of the accused while in custody and is a necessary step to prevent escapes, harm to themselves or others, and the tampering of evidence. It also ensures that accused persons are brought before a judge or magistrate with minimal delay as the section provides that the person in charge of the specified place has the authority to detain the accused for the required period, until the disposition is made. The second part emphasizes that the person specified in the warrant may detain the accused according to the disposition made under paragraph 672.54(c). This provision ensures that the accused is appropriately detained according to their disposition and is not subjected to unlawful or excessive detention. It also provides for transparency and accountability in the detention of accused persons as any violation of a disposition made under paragraph 672.54(c) can be challenged in court by the accused. Furthermore, this section of the Criminal Code also sets a benchmark for due process in ensuring that accused persons are not detained unnecessarily or without sufficient grounds. It empowers the relevant authorities and personnel to conduct their roles diligently and effectively in ensuring that the accused is treated fairly and without undue harm. In conclusion, section 672.87 of the Criminal Code of Canada is a necessary section in ensuring that accused persons are detained lawfully and in accordance with the law. It grants authorization to relevant personnel to take custody of the accused, and detain them according to the disposition made under paragraph 672.54(c), while also providing accountability and transparency in the detention process. This section is vital in preserving the human rights of accused persons and protecting the integrity of the legal system.

STRATEGY

Section 672.87 of the Criminal Code of Canada provides officials with a legal framework for detaining accused individuals who have been issued a warrant. There are several strategic considerations for law enforcement officials when dealing with this section of the Criminal Code. Some of these considerations include the rights of the accused, the safety of both the accused and the law enforcement officials, and the efficiency of the detention process. One key strategic consideration is the need to balance the rights of the accused with the need for public safety. Officials must ensure that they treat the accused with dignity and respect, while also taking steps to prevent them from harming themselves or others. This requires careful planning and coordination between law enforcement agencies, healthcare providers, and other stakeholders who may be involved in the detention process. Another important strategic consideration is the need to maintain the safety of detainees and law enforcement officials during the detention process. Law enforcement agencies must have processes and protocols in place to ensure the safety of all involved parties. This may include conducting risk assessments, providing appropriate training and equipment to law enforcement officials, and developing contingency plans in case of emergencies. Efficiency is also a key strategic consideration when dealing with Section 672.87 of the Criminal Code of Canada. Officials must ensure that the detention process is quick and efficient, while also ensuring that all necessary legal procedures are followed. This requires careful coordination between law enforcement agencies, the court system, and other stakeholders involved in the detention process. There are several strategies that law enforcement officials can employ when dealing with this section of the Criminal Code. One approach is to invest in effective training and equipment for law enforcement officials that will allow them to safely detain accused individuals and manage any potential risks. Another strategy is to establish clear protocols and procedures for the detention process, including risk assessments, contingency plans, and guidelines for managing detainee behavior. This can help to ensure that the detention process is efficient and effective, while also protecting the safety of all involved parties. Finally, law enforcement officials may need to work closely with healthcare providers, legal professionals, and other stakeholders to ensure that all necessary legal and medical procedures are followed during the detention process. This requires careful coordination and communication between all parties involved, and may require the development of specific protocols or standards to guide the detention process. In conclusion, Section 672.87 of the Criminal Code of Canada provides a legal framework for detaining accused individuals who have been issued a warrant. Law enforcement officials must carefully consider the rights of the accused, the safety of all involved parties, and the efficiency of the detention process when dealing with this section of the Criminal Code. Strategies such as effective training and equipment, clear protocols and procedures, and close collaboration between stakeholders can help to ensure that the detention process is safe, efficient, and effective.