Criminal Code of Canada - section 762(1) - Applications for forfeiture of recognizances

section 762(1)

INTRODUCTION AND BRIEF DESCRIPTION

Applications for forfeiture of recognizances must be made to designated courts in the respective provinces.

SECTION WORDING

762(1) Applications for the forfeiture of recognizances shall be made to the courts, designated in column II of the schedule, of the respective provinces designated in column I of the schedule.

EXPLANATION

Section 762(1) of the Criminal Code of Canada outlines the procedure for applications for the forfeiture of recognizances. Recognizance refers to a sum of money or other security given to ensure that an accused person attends court as required. If the accused fails to appear, the recognizance can be forfeited, and the accused may be further charged with an offense related to failing to appear in court. This section states that the application for forfeiture of the recognizance should be made to the court designated in column II of the schedule for the respective province designated in column I of the schedule. This means that the application must be made to a specific court that is identified in the schedule for the province in which the offense was committed. The purpose of this requirement is to ensure that there is a clear and efficient process for handling applications for forfeiture of recognizance. By designating specific courts for each province, the Criminal Code seeks to streamline the process, making it easier for law enforcement officials to apply for forfeiture when necessary. Overall, Section 762(1) is an important part of the Criminal Code of Canada, as it helps to ensure that the criminal justice system can function smoothly and effectively by providing a clear and consistent process for handling applications for the forfeiture of recognizances.

COMMENTARY

Section 762(1) of the Criminal Code of Canada concerns applications for the forfeiture of recognizances. Recognizances are essentially promises made by an individual to a court or law enforcement agency to appear in court, otherwise known as a promise to show up. They can be given in various situations, including when an accused person is released on bail before trial, or when a witness is required to appear in court. The forfeiture of recognizances can occur when the individual fails to fulfill their promise to appear in court. This failure can be intentional or unintentional, and can result in penalties such as fines or imprisonment. The penalties are designed to ensure that individuals show up to their court hearings and do not attempt to evade justice. Section 762(1) outlines the process for applying for the forfeiture of recognizances. According to the section, these applications must be made to the courts designated in column II of the schedule, which correspond to the respective provinces designated in column I of the schedule. This means that different provinces may have different courts that are responsible for handling applications for the forfeiture of recognizances. The purpose of this section is to ensure that the process for forfeiting recognizances is streamlined and standardized across the country. By designating specific courts for handling these applications, the process is made more efficient and effective. It also ensures that there is consistency in how these cases are handled, regardless of which province they occur in. Overall, section 762(1) is an important part of the Canadian justice system. The forfeiture of recognizances is an essential tool for ensuring that individuals show up to their court hearings and do not attempt to evade justice. By outlining the process for applying for the forfeiture of recognizances, this section of the Criminal Code of Canada helps to make the process more efficient and effective. It also ensures that there is consistency across the country in how these cases are handled, which is important for maintaining a fair and just justice system.

STRATEGY

Section 762(1) of the Criminal Code of Canada outlines the process for applications for the forfeiture of recognizances. Recognizances are legal agreements where a person promises to appear at a court proceeding or fulfill other court-ordered obligations. If a person fails to fulfill their recognizance obligations, the court may order the forfeiture of the recognizance. When dealing with this section of the Criminal Code of Canada, there are a few strategic considerations that should be kept in mind. Firstly, it is important to note that the application for the forfeiture of recognizances is a civil proceeding, rather than a criminal one. As such, the standard of proof required is lower than in criminal proceedings, as the burden of proof is on the balance of probabilities rather than beyond a reasonable doubt. Another strategic consideration is the fact that the court has discretion when it comes to ordering the forfeiture of a recognizance. The court may take into account factors such as the reason for the failure to fulfill the recognizance, the person's past compliance with court orders, and any mitigating or aggravating circumstances. With these considerations in mind, there are several strategies that could be employed when dealing with section 762(1) of the Criminal Code of Canada. One strategy is to negotiate with the court or prosecutor before the application for forfeiture is made. This may involve agreeing to fulfill the terms of the recognizance or offering a reasonable explanation for the failure to do so. Another strategy is to challenge the application for forfeiture on legal grounds. For example, if the recognizance was not properly drafted or executed, it may be possible to argue that it is invalid and therefore cannot be forfeited. A third strategy is to present evidence that mitigates the circumstances of the failure to fulfill the recognizance. This may include evidence of unforeseen events or extenuating circumstances that prevented the person from fulfilling their obligations. Overall, when dealing with section 762(1) of the Criminal Code of Canada, it is important to carefully consider the circumstances and to develop an effective strategy based on a thorough understanding of the law and the court's discretion in these matters.