INTRODUCTION AND BRIEF DESCRIPTION
This section allows a surety or peace officer to arrest and deliver a named person to prison upon receipt of an order issued under subsection (1) of section 766.
SECTION WORDING
766(2) An order under subsection (1) shall be given to the surety and on receipt thereof he or any peace officer may arrest the person named in the order and deliver that person with the order to the keeper of the prison named therein, and the keeper shall receive and imprison that person until he is discharged according to law.
EXPLANATION
Section 766(2) of the Criminal Code of Canada deals with the concept of bail and surety. Bail is an agreement between the accused and the court, whereby the accused is released from detention on the condition that he/she will attend all court proceedings and comply with any other conditions imposed by the court. A surety is a person who guarantees that the accused will comply with these conditions, and is usually required in cases where the accused is deemed to be a flight risk or a danger to society. This section outlines the procedure to be followed in the event that the accused fails to comply with the conditions of their bail. If the accused fails to show up for court or violates any other condition of their bail, the surety can be held responsible for their actions. In such cases, the court may issue an order under subsection (1) requiring the surety to deliver the accused to the keeper of the prison named therein. Once the surety receives the order, they are required to either locate and apprehend the accused or inform law enforcement of their whereabouts. The surety or any peace officer may arrest the accused and deliver them, along with the order, to the keeper of the prison named in the order. The keeper of the prison is then responsible for accepting and imprisoning the accused until they are discharged according to the law. This section is designed to ensure that individuals who are released on bail are held accountable for their actions. It serves as a deterrent for those who might be tempted to violate the terms of their release, and helps to maintain the integrity of the criminal justice system. By imposing strict consequences for failing to comply with bail conditions, this section helps to ensure that accused individuals remain a part of the legal process and do not pose a threat to society.
COMMENTARY
Section 766(2) of the Criminal Code of Canada plays a crucial role in the criminal justice system of the country. It deals with the issuance of arrest warrants against individuals who are accused of committing a criminal offense and have been released on bail. This section allows for the arrest of such individuals by the so-called 'surety,' and their delivery to the prison designated in the order. This section provides a legal basis for ensuring that individuals who have been released on bail abide by the conditions set forth in their bail agreement and appear in court when required. The concept of bail is an essential aspect of the criminal justice system. Bail allows individuals accused of a crime to be released from detention pending their trial. This approach ensures that the accused can continue their daily life and prepare for their trial without being incarcerated for an extended period. However, the release of individuals on bail comes with specific obligations, such as appearing in court on the appointed dates, avoiding contact with victims or co-accused, and staying out of trouble. If an individual on bail breaches any of these conditions, their bail may be revoked, and they may be arrested and returned to prison. The role of the surety in the criminal justice system is crucial. The surety is the person who provides a financial guarantee to the court that the accused will comply with all the conditions of their bail agreement and appear in court when required. The surety must also ensure that the accused attends court and complies with any other bail conditions. If the accused breaches any of the bail conditions, the surety will be responsible for either paying a substantial sum of money to the court or forfeiting the amount they have already paid. Section 766(2) plays an essential role in ensuring that accused individuals on bail comply with their bail conditions. This section allows for the issuance of an order to the surety to arrest the accused and deliver them to the designated prison if they breach any of the bail conditions. This provision gives the surety the power of arrest and ensures that the accused is detained until their case is heard in court. However, this provision also raises concerns about the potential for abuse of power by the surety. There have been cases where the surety has used their power to arrest the accused as a means of exerting undue pressure on them to comply with the bail conditions. This issue highlights the need for appropriate safeguards to protect the rights of the accused and prevent the misuse of power by the surety. In conclusion, Section 766(2) of the Criminal Code of Canada plays an essential role in ensuring that accused individuals on bail comply with their bail conditions. It provides a legal basis for the issuance of arrest warrants against individuals who breach their bail conditions, allowing for their arrest and return to prison. However, appropriate safeguards must be put in place to prevent the misuse of power by the surety and protect the rights of the accused. The balance between ensuring compliance with bail conditions and protecting individual rights is a delicate one, and it is crucial that the criminal justice system finds a way to strike it.
STRATEGY
Section 766(2) of the Criminal Code of Canada empowers courts to issue arrest warrants to sureties who have entered bail contracts on behalf of defendants. The provisions of this section are meant to ensure that defendants who have been released on bail comply with their bail conditions and attend court as required. Failure to comply with bail conditions can result in an arrest warrant being issued against the defendant, and the surety may be called upon to apprehend and surrender the defendant to the authorities. Dealing with Section 766(2) of the Criminal Code of Canada requires careful strategic consideration. Since the section deals with the issuance of arrest warrants, it is important to ensure that the conditions of release are clear and reasonable, and that the surety fully understands their responsibilities. Here are some strategies that could be employed when dealing with this section: 1. Clear and Reasonable Bail Conditions: When setting bail conditions, it is important to ensure that they are clear, reasonable, and achievable. Difficult or unrealistic conditions may be difficult for sureties to enforce, leading to frustration and non-compliance. Courts should also consider alternative forms of release, such as cash bail or electronic monitoring, if the conditions of release are likely to be difficult to enforce. 2. Adequate Communication with Sureties: It is essential to ensure that sureties fully understand their responsibilities and the consequences of non-compliance. Courts should take time to explain the bail conditions and the implications of non-compliance to sureties. Adequate communication can help to minimize confusion and misunderstandings that can lead to breaches of bail conditions. 3. Selection of the Appropriate Surety: When selecting a surety, courts should consider the reliability, availability, and suitability of the proposed surety. Sureties should have a personal or professional relationship with the defendant, and be willing to take on the responsibility of ensuring their compliance with the bail conditions. 4. Monitoring Compliance with Bail Conditions: Sureties should be encouraged to maintain regular contact with the defendant, monitor their compliance with bail conditions, and immediately report any breach to the authorities. Courts can also use electronic monitoring systems to keep track of defendants who have been released on bail. 5. Effective Enforcement: Finally, when a breach of bail conditions is reported, it is essential that the authorities take prompt action to enforce the conditions of release. This includes issuing arrest warrants, apprehending the defendant, and holding them in custody until their next court appearance. In conclusion, dealing with Section 766(2) of the Criminal Code of Canada requires careful strategic consideration. Clear and reasonable bail conditions, adequate communication with sureties, selection of the appropriate surety, monitoring compliance with bail conditions, and effective enforcement are some of the strategies that can be employed to ensure the effective implementation of this section of the Code. Ultimately, the goal is to ensure that defendants attend court as required, and that the public is protected from those who pose a risk to society.