INTRODUCTION AND BRIEF DESCRIPTION
This section specifies the forms for undertakings and recognizances in Canada.
SECTION WORDING
817(4) An undertaking under this section may be in Form 14 and a recognizance under this section may be in Form 32.
EXPLANATION
Section 817(4) of the Criminal Code of Canada refers to the forms that can be used for an undertaking or a recognizance under this section. An undertaking is a promise made by a person to obey certain conditions or restrictions imposed by the court, usually in exchange for being released on bail. A recognizance, on the other hand, is a formal commitment made by a person, often accompanied by a financial deposit, to appear in court when required and to comply with certain conditions or restrictions. The use of forms 14 and 32 for undertakings and recognizances, respectively, provides a standardized approach to the process of issuing such orders. These forms specify the terms and conditions of the undertaking or recognizance, such as the amount of bail, the restrictions on the person's activities, and the consequences for non-compliance. By using these standardized forms, the court can ensure that all undertakings and recognizances are issued in a consistent and fair manner, and that the conditions imposed are appropriate to the circumstances of the case. The use of forms also helps to ensure that the person subject to the order understands their obligations and the consequences of failing to comply. In short, section 817(4) is an important part of the Criminal Code of Canada, as it provides a clear and standardized process for issuing undertakings and recognizances, which are essential tools in ensuring the fair and effective administration of justice.
COMMENTARY
Section 817(4) of the Criminal Code of Canada is an important legal provision that outlines the prescribed forms for undertakings and recognizances in criminal proceedings. Undertakings and recognizances are legal instruments that are commonly used in criminal law to ensure that defendants comply with various obligations or conditions that may be imposed on them by the court. These may include, for example, requirements to remain within certain geographic areas, to abstain from alcohol or drug use, or to refrain from contacting certain individuals. Failure to comply with the terms of an undertaking or recognizance can lead to additional criminal charges and consequences, including potential imprisonment. The provision specifies that the prescribed forms for undertakings and recognizances are Form 14 and Form 32, respectively. Form 14 is a standardized format for undertakings and delineates the terms and conditions that the defendant is required to comply with. Similarly, Form 32 is a standardized format for recognizances and outlines the specific obligations that the defendant has agreed to fulfill. These forms are designed to ensure that the terms of these legal instruments are clearly stated and unambiguous, making it easier for both the defendant and the court to understand and comply with the requirements. One of the key benefits of using standardized forms for undertaking and recognizances is that they provide consistency and uniformity in the legal process. By using standardized language and formatting, these forms reduce the likelihood of confusion or misunderstandings between the defendant and the court, and make it easier for judges and legal professionals to interpret and enforce these legal instruments. Moreover, standardized forms can help to promote fairness and equal treatment for defendants, as they ensure that all defendants are subject to the same requirements and obligations. Standardized forms can also help to streamline the legal process by reducing the time and effort required to draft and file legal documents. By having clearly defined forms that can be easily customized to each specific case, legal professionals can save time and reduce the potential for errors or inconsistencies in legal documents. This, in turn, can help to reduce the burden on the court system and improve the efficiency of the criminal justice process. In summary, section 817(4) of the Criminal Code of Canada provides an important framework for undertakings and recognizances in criminal proceedings, specifying the standardized forms that are required for these legal instruments. By using these prescribed forms, the criminal justice system can ensure consistency, fairness, and efficiency in the legal process, while also providing clear and unambiguous requirements for defendants to follow. Ultimately, this helps to promote the interests of justice and uphold the rule of law in Canada.
STRATEGY
Section 817(4) of the Criminal Code of Canada is a provision that empowers a court to order an accused person to enter into an undertaking or recognizance with some specified conditions in certain circumstances. Such conditions may include staying away from certain areas or individuals, surrendering a passport, or reporting to a designated person at regular intervals. The purpose of this provision is to ensure public safety and prevent potential harm to individuals or property. When dealing with this section of the Criminal Code, there are several strategic considerations that a lawyer should bear in mind. These considerations include the nature of the offence, the client's personal circumstances, the strength of the evidence, and the potential consequences of a conviction. Here are some strategies that a lawyer could employ when dealing with section 817(4): 1. Negotiate favourable conditions: One strategy that a lawyer could employ is to negotiate favourable conditions for the undertaking or recognizance. This would involve persuading the court to impose conditions that are reasonable and practical for the accused person to comply with. For example, if the accused person is employed, the lawyer could argue that the reporting condition be set at a time when the accused person is likely to be free from work. 2. Challenge the evidence: Another strategy that a lawyer could employ is to challenge the evidence against the accused person. This could involve cross-examining the prosecution witnesses, presenting alibi evidence, or arguing that the evidence is circumstantial and does not prove the accused person's guilt beyond a reasonable doubt. 3. Seek alternative measures: A third strategy that a lawyer could employ is to seek alternative measures to a recognizance or undertaking. This could involve arguing for a discharge or a conditional discharge, diversion, or a peace bond. These measures are typically less onerous than a recognizance or undertaking and would allow the accused person to avoid a criminal record. 4. Prepare for breach hearings: Finally, a lawyer should prepare for breach hearings in case the accused person fails to comply with the conditions of the undertaking or recognizance. This would involve reviewing the terms of the undertaking or recognizance and advising the accused person on their obligations. It would also involve preparing a defence strategy in case of a breach allegation, which could include arguing that the accused person had a reasonable excuse for the breach or challenging the evidence against them. In summary, strategic considerations when dealing with section 817(4) of the Criminal Code of Canada include negotiating favourable conditions, challenging the evidence, seeking alternative measures, and preparing for breach hearings. By carefully considering these factors, a lawyer can help their client navigate this provision of the Criminal Code and achieve the best possible outcome.