section 767

INTRODUCTION AND BRIEF DESCRIPTION

A surety can bring a person to court and discharge their obligation by giving the person into custody until their trial.

SECTION WORDING

767 A surety for a person who is bound by recognizance to appear may bring that person into the court at which he is required to appear at any time during the sittings thereof and before his trial and the surety may discharge his obligation under the recognizance by giving that person into the custody of the court, and the court shall thereupon commit that person to prison until he is discharged according to law.

EXPLANATION

Section 767 of the Criminal Code of Canada deals with the obligations of a surety who has guaranteed the appearance of an accused person in court. When a person is released on bail, a surety is usually required, who guarantees that the accused will appear at court on the specified date. If the accused fails to appear, the surety becomes liable for the full amount of the bail. However, this section of the Criminal Code allows the surety to satisfy his or her obligations by producing the accused person in court at any time during the sittings of the court, before the trial. The surety can bring the accused person to the court and discharge the obligation under the recognizance by giving that person into the custody of the court. The court upon taking the accused person into custody may commit them to prison until discharge according to law. This provision is designed to ensure that those accused of a crime follow the law and attend all court appearances. It also serves as a safeguard for the surety, who might otherwise face substantial financial consequences if the accused person fails to appear in court. If the accused is unable to appear in court, the surety can fulfill their obligation by bringing the accused into court and then explaining the situation to the judge. The court may then release the accused person, subject to certain conditions, without any further obligations from the surety. Overall, section 767 of the Criminal Code of Canada is an important provision that helps to ensure the integrity of the judicial system and promotes the fair administration of justice.

COMMENTARY

Section 767 of the Criminal Code of Canada provides a mechanism for a surety to discharge their obligation under a recognizance by bringing the person they are surety for to the court, where they are obliged to appear. The court can then take the person into custody and hold them until their trial. A recognizance is an agreement between an accused person and the court, in which the accused agrees to appear in court on a specified date and time. The recognizance may also require the accused to comply with certain conditions while awaiting trial, such as abstaining from drugs or alcohol, staying away from certain people or places, or surrendering their passport. A surety is a person who agrees to take responsibility for the accused person by acting as a guarantor that they will appear in court as required and comply with the conditions of their recognizance. The surety may be a family member, friend, or employer of the accused. If the accused person fails to appear in court or breaches any of the conditions of their recognizance, the surety can be held responsible. They may be required to pay a sum of money or forfeit property they pledged as security when signing the recognizance. Section 767 allows the surety to avoid any liability by bringing the accused person to court. The court then has the power to detain the accused person until their trial. This provision gives the surety a mechanism to ensure that the accused person appears in court as required, without having to pay any financial penalties. This section of the Criminal Code of Canada serves as a safeguard against potential flight risks or those who may pose a danger to society. By allowing the court to detain an accused person until their trial, Section 767 helps ensure that justice is served and that the accused person appears in court as required. However, the provision raises concerns regarding due process and individual rights. If the accused person has not yet been found guilty, their liberty is being restricted without due process of law. Although the provision is intended to prevent absconding, it may still be misused by malicious or misinformed sureties. Furthermore, the provision assumes that the accused person is guilty and requires them to prove their innocence from the inside of a prison cell, which fundamentally goes against the presumption of innocence. The section may also contribute to the over-incarceration of marginalized groups, as well as the criminalization of poverty. In conclusion, Section 767 provides an option for sureties to discharge their obligations under recognizances and ensure that accused persons appear in court. However, it also raises concerns regarding due process and individual rights. Therefore, the section should be used judiciously, with a focus on preventing flight risks or those who pose a danger to society, and ensuring that the rights of the accused and the principles of justice are not violated.

STRATEGY

Section 767 of the Criminal Code of Canada allows sureties to bring an accused person into court to fulfill their obligations under a recognizance. While this may seem like a straightforward process, there are numerous strategic considerations that need to be taken into account when dealing with this section of the Criminal Code. One of the primary strategic considerations is timing. The surety must bring the accused person into court at the appropriate time, which is during the sittings of the court and before the trial. This means that the surety must be aware of when the court is sitting and ensure that they have the accused person in custody at that time. Failure to do so could result in the surety being held liable for the accused person's failure to appear. Another strategic consideration is the location of the court. If the court is located far away from where the accused person is residing, it may be difficult and costly to transport them to court. In some cases, it may be more practical to hire a courier service or arrange for the accused person to travel to court on their own. Another important consideration is the safety and security of the accused person. If the accused person has reason to fear for their safety, they may be hesitant to appear in court. In such cases, the surety may need to take steps to ensure the accused person's safety, such as arranging for security personnel to accompany them to court. In some cases, the surety may not be able to bring the accused person to court due to extenuating circumstances, such as illness or injury. In such cases, the surety may need to seek an extension or postponement of the court date and explain the circumstances to the court. There are several strategies that can be employed when dealing with Section 767 of the Criminal Code. One strategy is to establish a clear communication plan with the accused person. This involves keeping them informed about court dates and ensuring they understand the consequences of failing to appear. Another strategy is to establish a relationship with the court and its staff. This can help ensure that the court is willing to work with the surety if there are any issues that arise. Finally, it may be beneficial to consult with legal counsel to ensure that the surety fully understands their obligations and liabilities under the recognizance. This can help the surety make informed decisions and minimize the risk of liability. In conclusion, dealing with Section 767 of the Criminal Code requires careful consideration of a number of strategic factors. By taking a proactive and responsible approach, sureties can help ensure that accused persons fulfill their obligations under a recognizance and avoid any negative consequences.