section 779(2)

INTRODUCTION AND BRIEF DESCRIPTION

Section 779(2) applies the provisions of Part XXV relating to forfeiture of recognizances to recognizances entered into under this section.

SECTION WORDING

779(2) The provisions of Part XXV relating to forfeiture of recognizances apply to a recognizance entered into under this section.

EXPLANATION

Section 779(2) of the Canadian Criminal Code refers to the forfeiture of recognizances, which are bonds or promises made by an individual to appear in court at a specific time and date. Recognizances are often set as a condition of release from custody or detention pending trial or other legal proceedings. Part XXV of the Criminal Code sets out the rules and procedures related to the forfeiture of recognizances. Under this section, if an individual fails to appear in court as required, the court may order the forfeiture of their recognizance. This means that the individual will be required to pay a sum of money or other valuable property, such as a house or car, as a penalty for failing to appear in court. Section 779(2) specifically applies to recognizances entered into under this section of the Criminal Code. This section outlines the circumstances in which a court may order an individual to enter into a peace bond. A peace bond is a legal agreement signed by an individual in which they promise to keep the peace and obey certain conditions. These conditions may include not contacting certain people or staying away from certain places. If a person on a peace bond fails to comply with the conditions set out in the bond, they may be charged with breaching the peace bond. In addition to criminal charges, the court may also order the forfeiture of the peace bond recognizance. In summary, section 779(2) of the Criminal Code of Canada reinforces the importance of adhering to conditions set out in peace bonds and recognizances. If an individual fails to comply with these conditions, they may face significant penalties, including criminal charges and forfeiture of valuable property.

COMMENTARY

Section 779(2) of the Criminal Code of Canada is an important provision that relates to forfeiture of recognizances. This section applies to recognizances under Section 779 of the Criminal Code of Canada, which often occur as a condition of release following a charge or conviction. It provides that the provisions of Part XXV relating to forfeiture of recognizances also apply to recognizances entered into under Section 779. A recognizance refers to a legal undertaking made by a person charged or convicted of an offence, in which they promise to appear in court on a certain date and to comply with other conditions such as abstaining from certain activities or residing at a certain location. A recognizance is typically used as a condition of release either before trial or after sentencing. It is a formal agreement between the accused and the court that binds the accused to abide by certain conditions in return for their freedom. The forfeiture of recognizances refers to the situation in which an accused person fails to comply with the conditions of their recognizance. If the accused fails to appear in court on the specified date or violates any of the other conditions of their release, their recognizance may be forfeited. In such cases, the accused may be required to pay a sum of money or risk being taken into custody until their trial or sentencing. Part XXV of the Criminal Code sets out the rules and procedures for the forfeiture of recognizances. This part of the Code applies to all recognizances regardless of the type of offence involved. Section 779(2) makes it clear that recognizances entered into under Section 779, in particular, are also subject to the provisions of Part XXV. The purpose of Section 779(2) is to ensure that recognizances entered into under Section 779 are treated in the same manner as other recognizances. By applying the rules and procedures of Part XXV to Section 779 recognizances, the law is able to maintain consistency in the handling of such cases. This is important for ensuring fairness and equity in the justice system. In practice, forfeiture of recognizances can have serious consequences for the accused person. Failure to comply with the conditions of a recognizance can result in additional charges and potentially longer periods of incarceration. It can also have long-term effects on a person's record and future prospects. Section 779(2) is, therefore, an important provision that is designed to ensure that the consequences of failing to comply with a recognizance are applied fairly and consistently. In conclusion, Section 779(2) of the Criminal Code of Canada is an important provision that applies to recognizances under Section 779 of the Criminal Code of Canada. It ensures that recognizances entered into under this section are subject to the same rules and procedures as other recognizances under Part XXV of the Criminal Code. The provision helps to maintain consistency and fairness in the handling of forfeiture of recognizances cases, ultimately contributing to the effectiveness and integrity of the justice system.

STRATEGY

Section 779(2) of the Criminal Code of Canada is an essential provision that deals with the forfeiture of recognizances. A recognizance is a legal obligation that an individual enters into to guarantee compliance with certain conditions or promises. Failure to comply with the terms of the recognizance may result in penalties such as fines or imprisonment. In the criminal justice system, recognizances are commonly used to secure an accused person's release before their trial. Given the significant consequences of violating a recognizance, it is important to carefully consider the strategic options available when dealing with this provision. The following are some of the strategic considerations that individuals and legal practitioners should keep in mind when dealing with section 779(2) of the Criminal Code of Canada: 1. Understand the terms of the recognizance The first strategy that individuals and practitioners should employ is to ensure a thorough understanding of the terms of the recognizance. This includes being aware of the specific obligations and restrictions imposed on the individual, as well as the penalties for non-compliance. By understanding the terms of the recognizance, individuals can avoid inadvertently violating its conditions, and legal practitioners can develop an effective strategy for their client's defence. 2. Seek legal advice Legal advice is essential when dealing with section 779(2) of the Criminal Code of Canada. Experienced legal practitioners can provide valuable guidance in navigating the complex legal system and help individuals understand their rights and options. They can also advise on the potential consequences of violating a recognizance and assist in developing a strategy to minimize those consequences. 3. Comply with the terms of the recognizance The most effective strategy for dealing with section 779(2) is to ensure full compliance with the terms of the recognizance. This includes ensuring that all conditions and restrictions are met, and timely reporting to authorities as required. By complying with the recognizance, individuals can avoid further penalties and ensure a successful defence in court. 4. Challenge the validity of the recognizance In some cases, it may be possible to challenge the validity of the recognizance. This may occur if the terms of the recognizance were not properly explained to the individual, or if they were coerced into entering into the agreement. In such cases, legal practitioners can seek to have the recognizance declared invalid, and therefore avoid the penalties associated with non-compliance. In conclusion, section 779(2) of the Criminal Code of Canada provides for the forfeiture of recognizances, which can have significant consequences for individuals. It is important to carefully consider the strategic options available when dealing with this provision, including understanding the terms of the recognizance, seeking legal advice, complying with the terms of the recognizance, and challenging its validity if necessary. By employing these strategies, individuals can minimize the risk of non-compliance, and legal practitioners can ensure a successful defence for their clients.