Criminal Code of Canada - section 795 - Application of Parts XVI, XVIII, XVIII.1, XX and XX.1

section 795

INTRODUCTION AND BRIEF DESCRIPTION

This section states that certain provisions from Parts XVI, XVIII, XVIII.1, XX and XX.1 apply to proceedings under this Part with necessary modifications.

SECTION WORDING

795 The provisions of Parts XVI and XVIII with respect to compelling the appearance of an accused before a justice, and the provisions of Parts XVIII.1, XX and XX.1, in so far as they are not inconsistent with this Part, apply, with any necessary modifications, to proceedings under this Part.

EXPLANATION

Section 795 of the Criminal Code of Canada refers to the provisions for the compulsory appearance of an accused before a justice in criminal proceedings. It explains that the rules and procedures related to this matter in Part XVI and XVIII of the code apply to proceedings under this section, with any necessary modifications. Part XVI outlines the procedures for compelling an accused to attend court and includes various methods of doing so, such as a court summons or a warrant for arrest. Part XVIII deals with the procedure for arrest of suspects and the conduct of trials. This section also acknowledges that The provisions of Parts XVIII.1, XX, and XX.1 that are not inconsistent with this part apply. In simple terms, Section 795 provides the rules and guidelines for the accused to be present in court during proceedings under this section of the Criminal Code of Canada, and it applies those rules from Part XVI and XVIII. It further makes it clear that the accused who are the subject of this section must follow these rules and appear in court. If they fail to do so, measures may be taken to ensure their attendance, including arrest, and it could also attract harsh penalties. Overall, Section 795 of the Criminal Code of Canada is a vital provision for ensuring a fair and just legal process, as it guarantees the presence of the accused during the proceedings and provides necessary legal protection to both the accused and the prosecution.

COMMENTARY

Section 795 of the Criminal Code of Canada lays out the provisions that apply to proceedings in criminal cases. The section is important as it sets out the framework for the legal process in Canada, ensuring that the accused obtains a fair trial and that justice is done. The provisions of Parts XVI and XVIII with respect to compelling the appearance of an accused before a justice are crucial for the start of any criminal proceeding. These provisions allow the authorities to order the accused to appear in court and ensure that they participate in their own defense. This is essential in ensuring that the accused has their day in court and can defend themselves against the allegations being made against them. The provisions of Parts XVIII.1, XX, and XX.1 are also important in ensuring a fair and just process. These parts provide for bail hearings, plea bargaining, and searches and seizures, all of which can have a significant impact on a criminal proceeding. It is essential that these provisions be followed carefully to ensure that the rights of the accused are protected and that they are not subjected to undue harm. One of the most important aspects of Section 795 is the requirement to modify the provisions of Parts XVIII.1, XX, and XX.1 so that they are not inconsistent with this Part. This means that any modifications made must be in line with the principles of fairness and justice, ensuring that the accused is not unduly disadvantaged by the modifications. Overall, Section 795 of the Criminal Code of Canada is an important part of the legal framework in Canada. It sets out the provisions that apply to criminal proceedings, ensuring that the process is fair and just. It is essential that this section be followed carefully to ensure that the rights of the accused are respected and that justice is done. As such, it is important that lawyers and judges be well-versed in the provisions of this section, so that they can ensure that the legal process is conducted fairly and justly.

STRATEGY

Section 795 of the Criminal Code of Canada is essential when it comes to compelling an accused to appear before a justice in criminal proceedings. It provides guidelines on how Part XVI and XVIII should be applied to proceedings under this Part to ensure justice is served. When dealing with this section of the Criminal Code, various strategic considerations must be made to ensure the best outcome is achieved. This article highlights the strategic considerations and strategies that can be employed when dealing with section 795 of the Criminal Code. The first strategic consideration is the type of offence being prosecuted. Section 795 applies to summary conviction offences that carry a maximum punishment of less than two years. Therefore, if the accused faces a more severe punishment, this section cannot apply. In such a case, the prosecutor must rely on Part XVI and XVIII. The second strategic consideration is the seriousness of the offence. If the accused faces multiple charges, the prosecutor may want to prioritize which charges to pursue first. This strategy ensures that the charges with the most significant impact on the case are dealt with first. The third strategic consideration is the availability of witnesses and evidence. It is essential to have all the necessary evidence and witnesses when the accused first appears before a justice. This ensures that the prosecutor can make a strong case and avoid subsequent appearances that could delay the proceedings. Moreover, witnesses are likely to forget essential details if subsequent appearances are required hence the need to have all the necessary witnesses on the initial appearance. The fourth strategic consideration is the timing of the proceedings. The prosecutor must ensure that the proceedings are launched in a reasonable time after the offence. Section 795 of the Criminal Code emphasizes that the proceedings must be initiated within six months of the offence. After that period, the proceedings may be dismissed. The fifth strategic consideration is the presence of the accused. Part XVIII of the Criminal Code provides guidelines on how the accused can be compelled to appear before a justice. However, the prosecutor must weigh the costs and benefits of compelling the appearance of the accused. It may be difficult for the accused to appear for several reasons such as distance, financial constraint, and work obligations. Therefore, if the accused is willing to appear voluntarily, this may be a more cost-effective option. Strategies that can be employed when dealing with section 795 of the Criminal Code are as follows. First, the prosecutor must be well-prepared before the initial appearance. This includes having all the necessary evidence and witnesses, and being aware of the accused's defence. Second, the prosecutor can consider plea bargaining if the accused is willing to plead guilty to lesser charges. This strategy can save time and resources and avoid a full trial. Third, the prosecutor can work closely with the victim and the police to ensure a strong case is built. Fourth, the prosecutor may consider instituting a court application to compel the appearance of the accused. However, this should only be done if there is no other option, and the benefits outweigh the costs. In conclusion, Section 795 of the Criminal Code is a critical provision that applies to summary conviction offences carrying a maximum punishment of less than two years. When dealing with this section, strategic considerations must be made. These include the type and seriousness of the offence, the availability of evidence and witnesses, the timing of the proceedings, and the presence of the accused. Strategies that can be employed include being well-prepared, plea bargaining, working closely with the victim and the police, and instituting a court application. Employing these strategies ensure that justice is served, and the proceedings are conducted smoothly.