section 768

INTRODUCTION AND BRIEF DESCRIPTION

This section confirms the right of a surety to apprehend a person for whom they are responsible under a recognizance.

SECTION WORDING

768 Nothing in this Part limits or restricts any right that a surety has of taking and giving into custody any person for whom, under a recognizance, he is a surety.

EXPLANATION

Section 768 of the Criminal Code of Canada is a provision that pertains to the obligations and responsibilities of sureties, who are individuals or organizations that act as responsible parties for the accused person when they are granted bail. The provision asserts that the right of a surety to take and give into custody any person for whom they have acted as a surety is not limited or restricted in any way by the Criminal Code. Essentially, a surety acts as a guarantee that the accused person will comply with the terms of the recognizance agreement that they have been granted by the court. This agreement typically requires the accused to abide by specific conditions such as staying away from certain places or persons, not engaging in certain activities, and regularly reporting to the authorities. If the accused person fails to comply with any of the terms of the recognizance agreement, the surety can take the person into custody and deliver them to the authorities. Therefore, Section 768 reaffirms the ability of sureties to fulfill their obligations as guarantors and take necessary action if they believe that the accused person is not following the terms of the recognizance agreement. In summary, Section 768 empowers sureties to take timely and appropriate action if the accused person breaches the terms of the recognizance agreement. This provision of the Criminal Code ensures that sureties have the necessary authority to fulfill their obligations as guarantors and maintain the integrity of the bail system.

COMMENTARY

Section 768 of the Criminal Code of Canada is a provision that allows a surety to take into custody any person for whom they are a surety, without facing any limitations or restrictions. This provision is significant in the criminal justice system as it helps to ensure that accused individuals do not default on their bail conditions. A surety is a person who agrees to take responsibility for an accused individual's compliance with the terms of their release on bail. This responsibility means that the surety must ensure that the accused person appears in court as required, complies with any conditions of their release, and does not commit any further offences while on bail. If the accused person fails to comply with any of these requirements, the surety may be required to pay a significant sum of money to the court, which is known as a forfeiture. In order to prevent the risk of forfeiture, a surety may choose to take an accused person into custody. This might happen, for example, if the accused person has been missing court appearances or violating the terms of their release. By taking the accused person into custody, the surety is able to ensure that they are in compliance with their bail conditions, and avoid facing a forfeiture. While section 768 of the Criminal Code of Canada allows sureties to take individuals into custody, it is important to note that this provision does not provide a license for vigilante justice. Sureties must act within the bounds of the law, and should only take someone into custody if they have reasonable grounds to believe that the individual has breached their bail conditions, and that there is no other way to ensure their compliance. Moreover, the law also states that the surety must surrender the individual into custody of the police not later than 24 hours after taking them in. This provision ensures that the accused person's rights are not violated and that justice is not subverted. It is also important to note that section 768 does not limit or restrict an accused person's right to challenge their detention. The accused person may still apply for a hearing to review the decision to take them into custody. This measure protects the interests of justice and human rights. In conclusion, section 768 of the Criminal Code plays a critical role in ensuring compliance with bail conditions. It gives sureties the right to take accused individuals into custody to prevent them from breaching their bail conditions and forfeiting their bail. It is important to remember that sureties should act within the limits of the law, and accused persons retain their right to challengetheir continued detention. This provision provides a balance between ensuring the accused person's rights and ensuring compliance with bail conditions.

STRATEGY

Section 768 of the Criminal Code of Canada provides a specific right to sureties to take and give into custody any person for whom they are a surety. The section grants this right without any limitations or restrictions, which could make it challenging to deal with from a strategic point of view. One of the essential considerations is ensuring that the surety has the legal power to take the individual into custody. This means that the surety must fulfil its obligations according to the recognizance it signed. The surety should also be aware of the circumstances under which it can exercise this right without breaching any legal requirements or causing harm to the individual in question. The timing of exercising this right is another critical consideration that should be evaluated before implementing a strategy. It may not be wise to take a person into custody immediately after they fail to comply with the conditions of their recognizance. Still, it may be necessary if the person in question has a history of non-compliance and poses a certain level of danger to themselves or the community. Another strategic consideration is the manner in which the surety exercises the right provided under Section 768. The surety should not use excessive force or behave in a way that could be considered abusive or violent. Instead, sureties should adopt a professional and lawful approach when taking the individual into custody. It is also imperative to consider the potential consequences of the surety's actions. For instance, if the surety uses excessive force, the individual may suffer physical injuries that could lead to lawsuits and criminal charges being laid against the surety. One strategy that could be employed by sureties is to seek legal advice before exercising their rights under Section 768. Sureties could consult with criminal defense lawyers or their surety insurance providers to determine the best course of action to take under the circumstances. Another strategy that could be adopted by sureties is to conduct thorough research into the history of the individual they are responsible for. This means that they should be aware of any criminal convictions or pending criminal charges against the individual, as this could guide them in determining the appropriate action to take if the individual violates their recognizance. In conclusion, dealing with Section 768 of the Criminal Code of Canada requires careful consideration of various strategic factors, such as legal obligations, timing, consequences, and manner of exercising the right provided under the section. Sureties must exercise their rights lawfully and professionally without causing any harm to the individual or themselves while still upholding their responsibility to take action when the need arises. Seeking legal advice and conducting thorough research are some strategies that sureties could employ to ensure they make informed decisions when dealing with Section 768.