Criminal Code of Canada - section 704(1) - Warrant for absconding witness

section 704(1)

INTRODUCTION AND BRIEF DESCRIPTION

This section allows for the arrest of a person who is bound by recognizance to give evidence in proceedings if they are about to abscond or have already absconded.

SECTION WORDING

704(1) Where a person is bound by recognizance to give evidence in any proceedings, a justice who is satisfied on information being made before him in writing and under oath that the person is about to abscond or has absconded may issue his warrant in Form 18 directing a peace officer to arrest that person and to bring him before the court, judge, justice or provincial court judge before whom he is bound to appear.

EXPLANATION

Section 704(1) of the Criminal Code of Canada concerns individuals who are bound by recognizance to give evidence in legal proceedings. Recognizance is a legal promise made by an individual in which they agree to perform certain actions, typically appearing in court to give evidence or testify against someone else. However, if the person bound by recognizance is believed to be about to abscond or has already absconded, a justice may issue a warrant for their arrest. The language of the section specifies that the justice must be satisfied, based on information provided in writing and under oath, that the individual is at risk of or has already fled from their obligations. The warrant issued must be in Form 18 and directs a peace officer to arrest and bring the individual before the court, judge, justice, or provincial court judge before whom they are bound to appear. This provision is essential in ensuring that legal proceedings remain fair and just. Witnesses and others who might be bound by recognizance may have crucial testimony or evidence to offer, and their absence could have damaging consequences for the legal process. Issuing a warrant to ensure their appearance in court is therefore necessary in maintaining the integrity of the criminal justice system. Overall, Section 704(1) of the Criminal Code of Canada serves as a vital tool for law enforcement and the legal system to ensure that individuals bound by recognizance fulfill their obligations in legal proceedings.

COMMENTARY

Section 704(1) of the Criminal Code of Canada is a provision that allows for the arrest of a person who is bound by recognizance to give evidence in any proceedings if a justice has reason to believe that the person is about to abscond or has absconded. This provision is an important tool in the administration of justice as it helps to ensure that witnesses who have important information about a case are available to testify in court. The purpose of recognizance is to ensure that individuals who are required to appear in court do so at the appointed time and place. When a person is released on recognizance, they agree to certain conditions such as appearing in court at the specified time, not contacting individuals who are involved in the case, or not leaving the jurisdiction. If a person violates the conditions of recognizance, they can be arrested and charged with a criminal offence. The issuance of a warrant under Section 704(1) of the Criminal Code of Canada is a serious matter and can only be done by a justice who is satisfied on information being made before him in writing and under oath that the person is about to abscond or has absconded. This means that there must be strong evidence to support the belief that the person in question is likely to flee the jurisdiction. The justice must also issue the warrant in Form 18, which specifies the manner in which the arrest should be carried out. Once the warrant has been issued, a peace officer is authorized to arrest the person and bring them before the court, judge, justice or provincial court judge before whom they are bound to appear. This ensures that the person is available to testify in court and does not evade justice by fleeing the jurisdiction. The person can be held in custody until their appearance in court or until their trial. Section 704(1) of the Criminal Code of Canada is an important provision as it helps to ensure that witnesses are available to testify in court. Witnesses play a crucial role in the administration of justice, and their testimony often forms the basis for a conviction. When witnesses are unavailable due to their failure to appear in court or their flight from the jurisdiction, justice can be delayed or denied. The provision helps to prevent this from happening by allowing for the arrest of witnesses who are likely to abscond. In conclusion, Section 704(1) of the Criminal Code of Canada is an important provision that helps to ensure the availability of witnesses in court proceedings. The provision acts as a deterrent to those who may be considering absconding, and it provides a mechanism for their arrest if they do. By ensuring that witnesses are available to testify, the provision helps to ensure that justice is served.

STRATEGY

Section 704(1) of the Criminal Code of Canada provides a mechanism for enforcing the attendance of witnesses in court proceedings. This section allows for the issuance of a warrant for the arrest of a witness who is bound by a recognizance to give evidence in any proceeding. If the justice is satisfied that the witness is about to abscond or has absconded, the justice may issue a warrant directing a peace officer to arrest the witness and bring them before the appropriate court. Dealing with section 704(1) of the Criminal Code of Canada requires consideration of several strategic factors. There are several key challenges associated with enforcing the attendance of witnesses in court proceedings. Witnesses may refuse to testify for various reasons, including fear of retribution, lack of interest, or a desire to avoid involvement in legal proceedings. Witnesses may also be difficult to locate and may be uncooperative when found. One of the strategic considerations when dealing with this section of the Criminal Code is the timing of the application for a warrant. If a witness absconds before the application for a warrant is made, it may be difficult or impossible to locate the witness. Therefore, it is crucial to act quickly once it is apparent that a witness is about to abscond or has absconded. Another strategic consideration is the approach taken when seeking the assistance of law enforcement. A peace officer may be more effective in locating and arresting a witness if they are provided with detailed information about the witness and their whereabouts. It is important to provide as much information as possible to the peace officer, including the witness's name, known addresses, phone numbers, and any other relevant information that may assist in locating them. A further strategy that may be employed is to seek the assistance of a private investigator. A private investigator may have access to additional resources and techniques that can be used to locate a witness. For example, a private investigator may be able to obtain information from social media or other public records that may assist in locating the witness. Finally, it may be beneficial to consider the underlying reasons why a witness may be reluctant to testify. If a witness is fearful of retribution, steps may need to be taken to ensure their safety. If a witness is uninterested or unwilling to testify, it may be necessary to explore alternative methods of obtaining their evidence, such as through a subpoena or commission. In conclusion, dealing with section 704(1) of the Criminal Code of Canada requires careful consideration of several strategic factors. It is important to act quickly, provide as much information as possible to law enforcement, seek the assistance of a private investigator if necessary, and consider the underlying reasons why a witness may be reluctant to testify. By considering these factors and employing appropriate strategies, the enforcement of witness attendance can be made more effective and efficient.