INTRODUCTION AND BRIEF DESCRIPTION
This section applies the provisions of subsections 525(5), (6) and (7) to a person released from custody under subsection (5) of this section.
SECTION WORDING
679(6) The provisions of subsections 525(5), (6) and (7) apply with such modifications as the circumstances require in respect of a person who has been released from custody under subsection (5) of this section.
EXPLANATION
Section 679(6) of the Criminal Code of Canada is a provision that pertains to the release of an accused person from custody pending an appeal. Specifically, it references the application of subsections 525(5), (6) and (7) of the Criminal Code, which set out the conditions for release pending trial. When a person has been convicted of a criminal offence and wishes to appeal the decision, they may be released on bail pending the outcome of the appeal. This is known as a release from custody under subsection (5) of section 679. In such cases, the accused person must comply with certain conditions of release, including reporting to a bail supervisor, not contacting certain people, and remaining within a specific geographical area. If the accused person does not comply with these conditions, subsections 525(5), (6) and (7) of the Criminal Code apply. These sub-sections set out the procedures for revoking the accused person's bail and returning them to custody. Section 679(6) of the Criminal Code clarifies that these procedures apply with modifications as necessary for a person who has been released from custody under section 679(5). Overall, section 679(6) is an important provision that ensures that accused persons who have been released on bail pending an appeal are subject to appropriate conditions of release. It also guarantees that procedures for revoking bail and returning the accused person to custody are consistent and fair, regardless of the specific section of the Criminal Code under which they were released.
COMMENTARY
Section 679(6) of the Criminal Code of Canada states that the provisions of subsections 525(5), (6), and (7) apply to a person who has been released from custody under subsection (5) of this section, with such modifications as necessary for the circumstances. This provision relates to the process of release from custody for accused persons awaiting trial or conviction. Subsections 525(5), (6), and (7) refer to the conditions that may be imposed on a person's release from custody. Subsection 525(5) allows for the release of an accused person on his or her own recognizance or on the condition that he or she enters into a recognizance for a specified amount, with or without sureties. Subsection 525(6) allows a judge or justice to impose any reasonable conditions on an accused person's release, including restrictions on travel, living arrangements, employment, and associations with specific people. Subsection 525(7) allows a judge or justice to revoke an accused person's release and issue a warrant for his or her arrest if the person breaches any of the conditions of his or her release. The purpose of Section 679(6) is to ensure that the same procedures and protections are in place for a person who has been released from custody under subsection 525(5) of the Criminal Code of Canada. This means that the same conditions can be imposed on the person's release, and the same consequences can be imposed for violating those conditions. In practice, this provision means that an accused person who has been released from custody under subsection 525(5) of the Criminal Code of Canada can be subject to the same conditions as someone who has been released under subsections 525(6) and (7) of the Code. This ensures that all accused persons are treated fairly and equally under the law, regardless of the specific circumstances of their case. Overall, Section 679(6) of the Criminal Code of Canada is an important provision that helps to ensure that the rights of accused persons are protected during the pre-trial or pre-conviction process. By ensuring that all accused persons are subject to the same conditions and consequences for violating those conditions, this provision helps to maintain the integrity and fairness of Canada's justice system.
STRATEGY
Section 679(6) of the Criminal Code of Canada is a provision that deals with the release of individuals from custody pending appeal of their criminal conviction. When dealing with this section, there are several strategic considerations that lawyers must keep in mind in order to best represent their clients. One of the most important strategic considerations is the timing of the application for release. Under subsection (5) of section 679, an individual can apply for release from custody pending appeal of their conviction. It is important for the defendant's lawyer to file this application as soon as possible after the conviction, as delay can reduce the chances of success. This is because the longer an individual remains in custody, the greater the likelihood that an appeal court will refuse to release them. Therefore, a strategic lawyer would file the application promptly in order to increase the chances of success. Another strategic consideration when dealing with this section is the content of the application for release. The provisions of subsections 525(5), (6) and (7) apply with modifications to those who have been released from custody under subsection (5) of this section. Subsections 525(5), (6) and (7) deal with the factors that a court should consider when determining whether to release an individual pending trial. Therefore, the content of the application should focus on these factors, including the likelihood of success on appeal, the seriousness of the offence, the strength of the evidence against the defendant, and the risk of flight or danger to the community. A strategic lawyer would emphasize the defendant's strong grounds of appeal and the low risk of flight, while downplaying the seriousness of the offence and the strength of the evidence. Another strategic consideration is the choice of bail conditions. If the defendant is released on bail, the court will impose conditions that the individual must comply with. These conditions can include reporting regularly to a probation officer, refraining from contact with certain individuals, and surrendering passports. A strategic lawyer would work to negotiate the least restrictive bail conditions possible, in order to minimize the impact on the defendant's life while on bail. Finally, a strategic lawyer would carefully monitor the progress of the appeal and be prepared to file further applications if necessary. Subsection (6) of section 679 allows for modifications to subsections 525(5), (6) and (7) as circumstances require. This means that if circumstances change, such as new evidence emerging, a new application for release could be made. A strategic lawyer would be alert to these changes and take appropriate action. In summary, when dealing with section 679(6) of the Criminal Code of Canada, strategic lawyers must focus on the timing of the application, the content of the application, the choice of bail conditions, and monitoring the progress of the appeal. By carefully considering these factors, lawyers can increase their clients' chances of success on appeal and secure their release from custody.