INTRODUCTION AND BRIEF DESCRIPTION
Upon the release of an accused person, the justice must notify the appropriate court or Review Board.
SECTION WORDING
672.93(1.1) If the justice releases the accused, notice shall be given to the court or Review Board, as the case may be, that made the disposition or assessment order.
EXPLANATION
Section 672.93(1.1) of the Criminal Code of Canada outlines the process that must be followed if an accused is released by a justice. If a justice orders the release of an accused, notice must be given to the court or review board that made the previous disposition or assessment order for the individual. This notification is essential to ensure that all relevant parties are aware of the accused's release. The Criminal Code of Canada requires individuals who have been charged with a criminal offence to undergo a variety of assessments and dispositions to determine the risk they may pose to society. These assessments and dispositions are carried out by courts and review boards. If an accused is deemed to present a high risk to the community, they may be detained in custody until their trial. However, if the accused is found to present a lower risk, they may be released back into the community while awaiting trial under certain conditions. The purpose of section 672.93(1.1) is to ensure that the court or review board that previously assessed and disposed of the individual is notified of the accused's release. This is done to ensure that any conditions placed on their release are consistent with the concerns and risks previously identified by the court or review board. Additionally, it allows the court or review board to be aware of the accused's status and provides an opportunity to review and amend any previous decisions that may no longer be relevant. Overall, section 672.93(1.1) is an important aspect of the criminal justice system, as it helps to ensure that all relevant parties are informed of an accused's release and enables them to take appropriate action to protect public safety.
COMMENTARY
The Criminal Code of Canada specifies strict guidelines regarding the release of an accused individual, particularly in cases where the individual is deemed to pose a risk to society or to themselves. Section 672.93(1.1) of the Criminal Code of Canada outlines the requirements that must be met in cases where an accused person is released from custody. This section of the Criminal Code of Canada states that if a justice decides to release an accused individual, notice must be given to the court or review board responsible for making the initial disposition or assessment order. This notice serves to inform these entities that the accused is no longer in custody and that there may be a need to review or revise the initial order. The purpose of this section of the Criminal Code of Canada is to ensure that the justice system is aware of any changes in an accused's status and to ensure that they are held accountable for their actions. By providing notice to the court or review board, the justice system is given the opportunity to reassess the situation and to determine whether any additional steps need to be taken to ensure the safety and well-being of all involved parties. One potential benefit of this section of the Criminal Code of Canada is that it promotes transparency and accountability within the justice system. By requiring notice to be given to the court or review board, all entities involved in a case are kept up-to-date on the progress of an accused's legal journey. Additionally, this section of the Criminal Code of Canada may help to prevent individuals who pose a risk to society from slipping through the cracks of the justice system. By ensuring that all relevant parties are notified of an accused's release, there may be a better chance of preventing repeat offenses or ensuring that the accused receives the necessary support and interventions to prevent future issues. However, there may also be some challenges associated with this section of the Criminal Code of Canada. For example, providing notice to the court or review board can be time-consuming and may create additional administrative burdens for the justice system. Additionally, if the court or review board does not have the resources to respond quickly to the notice, there may be delays in reassessing the situation or providing support to the accused. This could potentially put individuals at risk and may result in negative outcomes for those involved. In conclusion, Section 672.93(1.1) of the Criminal Code of Canada serves an important role in ensuring that the justice system remains transparent and accountable. While there may be challenges associated with implementing this requirement, the benefits of promoting safety and well-being within the justice system likely outweigh the potential drawbacks. Ultimately, by requiring notice to be given to the court or review board in cases where an accused individual is released, the Criminal Code of Canada strives to promote fairness and justice for all involved parties.
STRATEGY
Section 672.93(1.1) of the Criminal Code of Canada imposes a legal obligation on the justice to notify the court or Review Board after releasing an accused individual. This notification is a crucial step in ensuring that the authorities responsible for monitoring and managing that individual's criminal behavior are aware of his or her release. As such, there are strategic considerations and strategies that lawyers and other legal professionals should keep in mind when dealing with this section of the Criminal Code. Strategic considerations The first strategic consideration is the timing of the notification. The justice must provide the notification immediately after the accused individual's release. Failing to notify the court or Review Board as soon as possible may create significant problems that could undermine the administration of justice or lead to an unsafe environment for the public. Another important strategic consideration is the type of notice that the justice should provide to the court or Review Board. The Criminal Code does not specify the format or mode of notice. As such, legal professionals must ensure that the notification they provide complies with the appropriate court or Review Board's rules and practices. They must also ensure that the notification includes all the necessary information to enable the court or Review Board to take appropriate action, such as the accused individual's name, date of release, and the conditions of release imposed by the justice. Strategies One strategy that legal professionals can use to ensure compliance with section 672.93(1.1) is to incorporate a standard notification process into their practice. They can develop a notification template that contains all the essential information required by the court or Review Board and distribute it to those responsible for notifying the authorities. This approach can help ensure consistency in the notification process, reduce errors, and avoid omissions of vital information. Another strategy is to establish clear lines of communication between the justice and the authorities responsible for monitoring and managing the accused individual. For instance, legal professionals can work with the relevant authorities to create formal and informal channels of communication to facilitate the exchange of information regarding the accused individual's criminal behavior and compliance with the conditions of release. In conclusion, section 672.93(1.1) of the Criminal Code of Canada plays an essential role in ensuring that the authorities are aware of an accused individual's release. Legal professionals should consider the strategic considerations and strategies outlined above to ensure that they comply with this legal obligation and facilitate the effective management and monitoring of accused individuals' criminal behavior.