INTRODUCTION AND BRIEF DESCRIPTION
This section states that a person and their sureties remain bound by their recognizance even if the session or sittings of the court are adjourned or the place of trial is changed.
SECTION WORDING
763 Where a person is bound by recognizance to appear before a court, justice or provincial court judge for any purpose and the session or sittings of that court or the proceedings are adjourned or an order is made changing the place of trial, that person and his sureties continue to be bound by the recognizance in like manner as if it had been entered into with relation to the resumed proceedings or the trial at the time and place at which the proceedings are ordered to be resumed or the trial is ordered to be held.
EXPLANATION
Section 763 of the Criminal Code of Canada emphasizes the importance of complying with recognizances, which are legal contracts that individuals enter into with a court or judge. This provision specifies that if an individual is bound by a recognizance to appear before a court, justice or provincial court judge for any purpose, and it is adjourned or the trial location is changed, the individual and their sureties remain bound by the recognizance in the same manner as if it had been entered into with relation to the resumed proceedings or the trial at the new time and place. This provision has various implications for the criminal justice system in Canada. It ensures that individuals fulfill their legal obligations and attend all their court proceedings without fail. Failure to comply with a recognizance can lead to an arrest warrant, a fine or even imprisonment. Therefore, section 763 enforces the importance of ensuring individuals appear in court as scheduled. Furthermore, this provision reinforces the requirement for individuals to provide a surety, which is a third-party financial arrangement that ensures the individual's compliance with the recognizance. The surety is legally obligated to pay a specified amount in case the individual fails to comply with the terms of the recognizance. This creates a system of accountability and incentivizes individuals to attend their court proceedings as scheduled. In conclusion, section 763 of the Criminal Code of Canada is an important provision that emphasizes the importance of complying with recognizances and attending court proceedings as scheduled. It ensures that individuals are held accountable for their legal obligations and creates a sense of responsibility among individuals who are bound by recognizances.
COMMENTARY
Section 763 of the Criminal Code of Canada is an important provision that ensures that persons who are bound by recognizance to appear before a court or judge for any purpose, remain bound by the recognizance, even if the session or sittings of the court or the proceedings are adjourned or if an order is made changing the place of trial. This provision aims to prevent individuals who are awaiting trial or other court proceedings from using adjournments or venue changes as an excuse to avoid fulfilling their legal obligations. The section is particularly important in criminal cases where an accused person is released on bail pending trial. When a person is released on bail, they are required to enter into a recognizance, which is a legal agreement between the accused and the court. The recognizance may include conditions such as reporting to a police station regularly, keeping the peace and being of good behaviour, staying away from certain people or places, or surrendering their passport. The purpose of these conditions is to ensure that the accused appears in court as required, and does not commit any further offences while awaiting trial. However, if the court proceedings or trial are adjourned or the venue is changed, it may be tempting for the accused to argue that their recognizance no longer applies, and that they should be released from their legal obligations. This could potentially lead to the accused failing to appear in court or disobeying other conditions of their bail, putting public safety at risk. Section 763 of the Criminal Code of Canada ensures that this cannot happen. It makes it clear that even if the court proceedings or trial are adjourned or the venue is changed, the accused remains bound by their recognizance. This means that they must continue to comply with its conditions, and that their sureties (typically family members or friends who have agreed to pay a sum of money if the accused fails to appear in court) remain liable. The effect of this provision is to deter accused persons from absconding or breaching their bail conditions, and to ensure that justice is done. Overall, Section 763 of the Criminal Code of Canada is an important provision that helps to ensure that accused persons remain bound by their recognizance, even if there is a delay or change in the court proceedings or trial. This is an important protection for the administration of justice, as it helps to ensure that accused persons appear in court as required, and do not evade their legal responsibilities.
STRATEGY
Section 763 of the Criminal Code of Canada deals with the obligations of a person who is bound by a recognizance to appear before a court or any other judicial authority in Canada. The section lays down that even if the session or sittings of the court or the proceedings are adjourned or the place of trial is changed, the person and his sureties continue to be bound by the recognizance in the same manner as if it had been entered with reference to the resumed proceedings or the trial at the time and place at which the proceedings are ordered to be resumed or the trial is ordered to be held. Strategic considerations when dealing with this section could vary depending upon the specific circumstances of each case. However, some general principles that could be employed include the following: 1. Ensuring that the person bound by the recognizance stays up-to-date with the status of the proceedings and any changes in the place or time of the trial: This would require regular communication with the court, police or other judicial authorities handling the case. By staying informed and aware, the person would be able to comply with the obligations of the recognizance and avoid any adverse consequences. 2. Choosing the right sureties: The sureties are the persons who guarantee the appearance of the person bound by the recognizance before the court. It is important to choose individuals who are trustworthy, reliable and have a good standing in the community. Further, it may be useful to choose sureties who have some influence or connections with the local authorities or agencies that may be involved in the proceedings. 3. Seeking legal advice: It is advisable for the person bound by the recognizance to seek the advice of a competent lawyer who can guide them through the legal process and advise them on the appropriate course of action to take depending on the specific circumstances of the case. 4. Preparing for any contingencies: It is important to be prepared for any unexpected events that may arise, such as a sudden change in the place of trial or a delay in the proceedings. This could include making alternate travel arrangements, preparing for additional security or making arrangements for childcare or other responsibilities. 5. Maintaining a low profile: In some cases, it may be advisable for the person bound by the recognizance to maintain a low profile and avoid drawing attention to themselves. This could involve avoiding the media or other public forums where they could be identified and targeted. In conclusion, dealing with Section 763 of the Criminal Code of Canada requires careful planning and consideration of a range of factors. By employing appropriate strategies, it is possible to ensure compliance with the recognizance and avoid any adverse consequences.