INTRODUCTION AND BRIEF DESCRIPTION
This section outlines the procedures for appeals under section 830 with modifications as necessary.
831 The provisions of sections 816, 817, 819 and 825 apply, with such modifications as the circumstances require, in respect of an appeal under section 830, except that on receiving an application by the person having the custody of an appellant described in section 819 to appoint a date for the hearing of the appeal, the appeal court shall, after giving the prosecutor a reasonable opportunity to be heard, give such directions as it thinks necessary for expediting the hearing of the appeal.
Section 831 of the Criminal Code of Canada pertains to the procedural aspect of appeals, specifically in relation to sections 816, 817, 819, and 825. These sections deal with various matters such as the procedure for filing an appeal, the notification of the appeal to the relevant parties, the stay of execution of a sentence pending appeal, and the powers of the appeal court in relation to the hearing or re-hearing of an appeal. Section 831 clarifies that these provisions continue to apply to appeals made under section 830, which allows an individual to appeal a conviction or sentence to a higher court. The section also allows for the modification of these provisions in accordance with the circumstances of the appeal. The remaining aspect of section 831 stipulates that the appeal court must give directions to expedite the hearing of the appeal upon receiving an application from the person holding custody of the appellant described in section 819. Furthermore, the prosecutor must be given a reasonable opportunity to be heard before the appeal court gives its directions. Overall, section 831 reinforces the importance of procedural fairness and timely resolution of appeals. It further highlights the need for collaboration between the various parties involved in the appeal process to ensure that justice is served efficiently and effectively.
Section 831 of the Criminal Code of Canada is a provision that outlines the application of sections 816, 817, 819 and 825 for appeals made under section 830. The section aims to expedite the process of hearing appeals and ensures that all parties involved have a reasonable opportunity to be heard. The section also allows for modifications to be made to the provisions as necessary under the given circumstances. Section 830 provides the right to appeal for a person who has been found guilty of an offense. An appeal can be made if the verdict was unreasonable, there was a miscarriage of justice, or if there was a significant legal error in the proceedings. However, appeals are subject to certain conditions such as time limits within which an appeal must be filed, and the need to obtain leave from the court to proceed with an appeal. When an appeal is made under section 830, section 831 applies to the hearing of that appeal. Section 816 states that an appeal is heard de novo, which means that the appeal court is required to consider all the evidence afresh, as if the original trial never happened. Section 817 requires the appeal court to provide reasons for its decision, and section 819 states that an appeal can be made by any person who is aggrieved by the verdict of the lower court. Section 825 requires the appeal court to either allow or dismiss the appeal or order a new trial. One of the most critical aspects of section 831 is that the appeal court shall give directions to expedite the hearing of the appeal. This provision recognizes that appeals can be time-consuming and costly. Therefore, the court must ensure that an appeal is dealt with as quickly and efficiently as possible. This provision also ensures that all parties involved are given a reasonable opportunity to be heard, including the prosecutor, who may support or oppose the appeal. In summary, section 831 of the Criminal Code of Canada plays a critical role in the appeals process. It ensures that appeals are heard de novo, that the appeal court provides reasons for its decision and that the appeal is dealt with as efficiently as possible. It also recognizes that the prosecutor has a right to be heard and that modifications may be made as necessary to achieve justice. Overall, section 831 serves to promote transparency, fairness and expediency in the criminal justice system.
Section 831 of the Criminal Code of Canada is an important provision that outlines the procedures for appealing a decision related to bail. Bail appeals are a crucial aspect of the Canadian criminal justice system and allow individuals who have been denied bail to appeal the decision made by a lower court to a higher court. However, there are strategic considerations that must be taken into account when dealing with this provision. One important strategic consideration is the need to fully understand the bail process and the factors that the court considers when making a bail decision. This knowledge is essential when preparing an appeal as it allows individuals to focus on the issues that are most relevant to their case. This can include factors such as flight risk, public safety concerns, and the strength of the evidence against the accused. Another important strategic consideration is the need to carefully assess the merits of the case before filing an appeal. While it may be possible to appeal any decision related to bail, it is important to only proceed with an appeal if there are legitimate grounds for doing so. This can include errors in law or fact, procedural irregularities, or significant changes in circumstances since the initial decision. In terms of specific strategies, there are several approaches that can be employed when dealing with this provision. For example, one strategy is to work with a lawyer who has experience in bail appeals and who can provide guidance on the best approach to take. This can include identifying potential grounds for appeal, assessing the strength of the case, and developing persuasive legal arguments to support the appeal. Another strategy is to gather as much evidence and information as possible to support the appeal. This can include statements from witnesses, expert opinions, and other relevant documents or information. By presenting a strong case to the court, individuals may be more likely to persuade the court to grant bail or to modify the conditions of their release. Lastly, it is important to be prepared for the hearing and to present a clear and persuasive argument to support the appeal. This can include preparing written submissions, addressing any concerns raised by the prosecutor, and delivering a compelling oral presentation to the court. In conclusion, Section 831 of the Criminal Code of Canada outlines the procedures for appealing a decision related to bail. While there are strategic considerations that must be taken into account when dealing with this provision, there are also strategies that can be employed to increase the chance of success. By carefully assessing the case, working with experienced legal counsel, gathering evidence, and preparing a persuasive argument, individuals may be more likely to succeed in their bail appeal.