Criminal Code of Canada - section 734.7(3) - Compelling appearance of person bound

section 734.7(3)

INTRODUCTION AND BRIEF DESCRIPTION

This section applies the provisions of compelling the appearance of the accused to proceedings under paragraph 1(b) with necessary modifications.

SECTION WORDING

734.7(3) The provisions of Parts XVI and XVIII with respect to compelling the appearance of an accused before a justice apply, with such modifications as the circumstances require, to proceedings under paragraph (1)(b).

EXPLANATION

Section 734.7(3) of the Criminal Code of Canada pertains to the provisions of Parts XVI and XVIII of the Code regarding compelling the appearance of an accused before a justice in the context of proceedings under paragraph (1)(b). Specifically, this section allows for modifications to be made to these provisions as required by the circumstances. Part XVI of the Criminal Code deals with the process of bringing an accused person before the court, including the arrest, detention, and release of the accused. Meanwhile, Part XVIII pertains to the procedure for conducting a trial, including the calling and examination of witnesses, and other matters related to the presentation of evidence. Paragraph (1)(b) of Section 734.7 refers to the authority of a court to order a convicted person to pay a fine or restitution, or both. In such cases, the provisions of Parts XVI and XVIII may be applicable in compelling the appearance of the accused before a justice. This may involve ensuring that the accused is present for proceedings related to the determination of the amount of the fine or restitution, as well as the enforcement of such orders. Ultimately, Section 734.7(3) allows for flexibility in applying the relevant provisions of the Criminal Code to proceedings involving fines or restitution, enabling the court to take into account the specific circumstances of each case and to ensure that justice is served effectively and efficiently.

COMMENTARY

Section 734.7(3) of the Criminal Code of Canada addresses the provisions that apply to the appearance of an accused before a justice in proceedings under paragraph 1(b). This provision is critical in ensuring that accused persons are obliged to attend court proceedings, especially in cases where they have been released on bail or shortly released from custody. The provisions under Parts XVI and XVIII of the Criminal Code of Canada provide for the compelling of the appearance of an accused before a justice. These sections of the Code are meant to ensure that an accused person is available to face their charges and provide any necessary information to the court. Although these provisions apply to all court proceedings, the section under discussion focuses on proceedings under paragraph 1(b). The circumstances around a particular case may require the modification of these provisions. This is done to ensure that the accused person is not unfairly or unduly burdened by the proceedings. Such circumstances may include issues like mental health concerns or physical disabilities that affect the ability of the accused to attend court. The section under discussion plays a crucial role in ensuring that the court proceedings are conducted fairly and that the accused person is appropriately dealt with. The provision is particularly important in cases where the accused is released on bail. By compelling their appearance, the law ensures that the accused person is not only aware of the proceedings but is also held accountable for their actions. The ability to enforce the attendance of an accused person at court proceedings also allows victims of crime to have their voices heard and ensures that justice is served. It ensures that accused persons are answerable for their actions and helps prevent the escalation of criminal activity. Overall, section 734.7(3) of the Criminal Code of Canada is an essential aspect of the justice system in ensuring the accountability of accused persons. It ensures that accused persons attend court proceedings and hold them accountable for their actions. The ability to enforce attendance is an essential aspect of the justice system, as it ensures the fair and equitable administration of justice.

STRATEGY

In Canada, section 734.7(3) of the Criminal Code is an essential provision when dealing with criminal justice proceedings, specifically in the context of offenders who have been sentenced to a term of imprisonment. This clause allows for the application of Parts XVI and XVIII of the Criminal Code, which deal with the process of compelling the appearance of an accused before a justice. The provision applies with necessary modifications to the proceedings under paragraph (1)(b) concerning offenders who have breached their conditions of release and are facing a revocation of their conditional release. One of the strategic considerations when dealing with section 734.7(3) of the Criminal Code is that parole officers must be aware of the provisions and have a good understanding of the process involved in compelling the appearance of an accused before a justice. The officer-in-charge must ensure that all the necessary documentation required for the application has been obtained, and the necessary steps outlined in the provision have been fulfilled. Another strategic consideration is the importance of adhering to the statutory timeframes outlined in the provision. The section stipulates that once there is evidence that an offender has breached their release condition, the parole officer is required to apply for a warrant of apprehension. The deadline for this application is within a reasonable time but not exceeding 7 days following the breach. This means that the parole officer must act promptly and decisively when dealing with offenders who have breached their release conditions. In contrast, when dealing with an offender who has been arrested on a warrant of apprehension issued under Section 734.7(3), the Correctional Service of Canada (CSC) must be ready to offer evidence about the breach of the parole conditions. To do this, CSC must have prepared the necessary documentation required to support the allegations of the breach, and the documentation must be ready to submit to the court when the offender is brought before the justice. The strategic considerations outlined above present some strategies that could help in dealing with section 734.7(3) of the Criminal Code. At the operational level, effective communication between the parole officers and the CSC is essential, especially when there is a breach of parole conditions. The CSC should also ensure that they have collected and documented all the evidence they require to support the allegation of the breach. They must be prepared to present this information in court when the offender is brought before the justice. In conclusion, section 734.7(3) of the Criminal Code provides an essential tool for the correctional service agents in Canada. It enables the authorities to take prompt and corrective action against offenders who breach their parole conditions. To effectively deal with this provision, strategic considerations such as effective communication, adherence to deadlines, and proper documentation are essential. These strategies will ensure that the process of compelling the appearance of an accused before a justice is smooth and efficient.