INTRODUCTION AND BRIEF DESCRIPTION
806(2) Where a defendant is convicted or an order is made against him, the summary conviction court shall issue a warrant of committal in Form 21 or 22, and section 528 applies in respect of a warrant of committal issued under this subsection.
Section 806(2) of the Criminal Code of Canada deals with the issuance of a warrant of committal by a summary conviction court when a defendant is convicted or an order is made against them. A warrant of committal is a legal document that authorizes the authorities to take a person into custody and imprison them in a correctional facility or jail. The section specifies that the summary conviction court has the responsibility to issue the warrant of committal in the prescribed Form 21 or 22. This requirement ensures that the document is consistent and follows legal standards. The section also cites Section 528 of the Criminal Code of Canada, which outlines the provisions for the execution of warrants. This means that the procedures for arresting and detaining the person named in the warrant must follow the guidelines set out in Section 528. Overall, Section 806(2) of the Criminal Code of Canada provides a clear and standardized procedure for the issuance of a warrant of committal to ensure that individuals are not unlawfully detained or imprisoned. By following the steps outlined in this section, the summary conviction court and the authorities can ensure that the defendant's rights are protected and respected.
Section 806(2) of the Criminal Code of Canada is an essential clause that deals with the issuance of a warrant of committal by the summary conviction court. This clause deals with what happens after a defendant has been convicted or an order has been made against them by the court. The issuance of a warrant of committal is essentially a court order that directs the authorities to hold the convicted person in custody until they have served their sentence, or until further court orders. Warrants of committal are usually issued to ensure that convicted individuals actually serve their sentence, and do not flee or abscond before or during their sentence. The use of a warrant of committal ensures that the authorities have the power to apprehend and detain someone who has broken the law. These warrants play an important role in maintaining law and order in society and ensuring that convicted individuals take responsibility for their actions. One of the most important aspects of this section of the Criminal Code of Canada is that it applies to all convicted individuals, regardless of the nature of the offence. Whether the offence is minor or significant, a warrant of committal may be issued against the defendant if they are found guilty. This clause helps to ensure that nobody is above the law, and that everyone who breaks the law will be held accountable for their actions. Importantly, section 806(2) also references section 528 of the Criminal Code of Canada, which deals with the execution of warrants of committal. This section lays out a number of important provisions related to the issuance, execution, and cancellation of warrants of committal. For example, it provides guidance on the proper form and contents of a warrant of committal, as well as the circumstances under which such a warrant might be cancelled or modified. Overall, section 806(2) is an essential part of the Criminal Code of Canada, as it ensures that convicted individuals are held accountable for their actions and that warrants of committal are issued in a consistent and transparent manner. This clause is an essential component of Canada's criminal justice system, as it helps to ensure that everyone is treated fairly and that the rule of law is upheld. Ultimately, the use of warrants of committal helps to maintain social order and keep society safe for everyone.
Section 806(2) of the Criminal Code of Canada is highly significant in the context of criminal law as it outlines the procedures to be followed in case of a conviction or an order in a summary conviction court. The section stipulates that the court must issue a warrant of committal in Form 21 or 22, and section 528 applies in respect of a warrant of committal issued under this subsection. This provision is critical since it governs the detention and imprisonment of individuals who have been convicted of an offense or are subject to an order from the court. Thus, strategic considerations when dealing with this section of the Criminal Code are vital to ensure that the process is completed with precision and within the legal provisions. One strategic consideration when dealing with section 806(2) is to prioritize compliance with all the prescribed requirements by the law. The Criminal Code of Canada mandates the use of specific forms of warrants of committal, and it is essential to ensure that the correct document is used to avoid confusion and non-compliance issues. Moreover, it is vital to follow the procedures and schedules outlined in section 528, which outlines the provisions for warrants of committal issued by summary conviction courts. Failure to adhere to these requirements can result in the loss of credibility and may cause legal repercussions. Another strategic consideration when dealing with this section of the Criminal Code is to examine the circumstances around the conviction or order. This can help inform the type of warrant to be issued as well as the approach that will be taken. For instance, if the defendant has a history of non-compliance or is considered a flight risk, it may be necessary to take more stringent measures such as remanding them in custody or imposing significant bail conditions. However, if the circumstances are less severe, issuing an order and providing guidelines for the defendant to follow may be more appropriate. In any case, the court must consider all the facts and provide the appropriate warrant that aligns with the situation. A third strategic consideration is to assess the potential consequences of issuing a warrant of committal or an order. Imprisonment or detention can have severe implications on the defendant's liberty, family, and employment status, among others. As such, the court must consider whether there are alternatives available to detention that can be adopted in the circumstances. This could include community service, restitution, probation, or counselling, among others. While such options may be more favourable, the court must also weigh up the risks to society if the defendant is not detained. In conclusion, strategic considerations when dealing with section 806(2) of the Criminal Code of Canada are critical in ensuring that the process of issuing warrants of committal or orders is conducted with precision and within the provisions of the law. By prioritizing compliance, examining the circumstances surrounding the conviction or order, and assessing the potential consequences of detention, the court can issue accurate and fair warrants that align with the particular situation. Ultimately, strategic considerations can help guide the court in making decisions that consider all relevant factors and ensure that justice is served while upholding the rights of the individual.