INTRODUCTION AND BRIEF DESCRIPTION
This section defines the meaning of recognizance in different contexts.
SECTION WORDING
493 In this Part, "recognizance", when used in relation to a recognizance entered into before an officer in charge, or other peace officer, means a recognizance in Form 11, and when used in relation to a recognizance entered into before a justice or judge, means a recognizance in Form 32.
EXPLANATION
Section 493 of the Criminal Code of Canada defines the term "recognizance" and establishes its forms for different situations. A recognizance is a legal obligation to appear in court on a specified date and time, to keep the peace and be of good behaviour, or to abide by other conditions that a justice or judge may impose. Recognizances are often used in criminal cases when a person is released from custody pending trial or sentencing. They are also used in other legal proceedings, such as in cases of domestic violence or harassment. The section distinguishes between two types of recognizances, namely, those entered into before an officer in charge or other peace officer, and those entered into before a justice or judge. The former must be in Form 11, while the latter must be in Form 32. These forms are standardized and have specific requirements, such as identifying the accused and the charges against them, specifying the conditions of the recognizance, and indicating the consequences of breaching the conditions. Section 493 is important because recognizances are an important tool in maintaining public safety and ensuring that accused individuals appear in court. By establishing their forms and requirements, the section ensures that recognizances are consistent and enforceable. It also ensures that accused individuals understand their legal obligations and the consequences of failing to comply with them.
COMMENTARY
Section 493 of the Criminal Code of Canada defines the term ‘recognizance’ in Part XVI of the Criminal Code. Part XVI of the Criminal Code deals with the procedure for release pending trial or pending appeal. Recognizance is a form of release where an accused person is released on their own recognizance, without a surety or deposit, subject to a condition or conditions designed to ensure their attendance in court. Section 493 provides two different forms of recognizance forms. The first form, Form 11, is used when an accused person enters into a recognizance before an officer in charge or other peace officer. The second form, Form 32, is used when an accused person enters into a recognizance before a justice or judge. A recognizance is an essential tool for the courts to ensure that accused persons attend their court proceedings. It helps the courts to ensure that accused persons do not flee justice by imposing conditions that will ensure their attendance in court. The conditions for release on recognizance may include restrictions on the accused person’s movements, such as staying in a certain geographic area, or may require the accused to report regularly to the police. The use of different forms of recognizance is important as it ensures that the necessary information is included in the document. The form used when entering into a recognizance before an officer in charge or other peace officer is different from the form used when entering into a recognizance before a justice or judge because each form includes different information that is specific to the legal situation. The use of the correct form is critical because any error or omission in the details of the recognizance may result in the accused person being remanded into custody or in the recognizance being voided. Therefore, it is the responsibility of the officer in charge, peace officer, justice or judge, as the case may be, to ensure that the correct form is used and that all of the necessary information is included. In addition to the two forms of recognizance, there are also other tools available to the courts to ensure that accused persons attend court. For example, the court may require that the accused person deposit a sum of money with the court, or a surety may be required. A surety is a person who agrees to take responsibility for the accused person and ensure that they attend court. The use of a surety can be a useful tool for ensuring that the accused person attends court, as the surety is responsible for ensuring the accused person’s attendance. In conclusion, Section 493 of the Criminal Code of Canada is a crucial component of the legal system as it outlines the requirements for the use of recognizance as a tool for release pending trial or pending appeal. The use of different forms of recognizance is important as it ensures that the necessary information is included in the document and that the accused person complies with the conditions of their release. As such, it is important for officers in charge, peace officers, justices, and judges to carefully consider the circumstances of each case and ensure that the correct form of recognizance is used.
STRATEGY
Section 493 of the Criminal Code of Canada deals with recognizance, which is a legal document that requires an individual to keep the peace and be of good behavior. Recognizance is often used in criminal proceedings as a condition of bail or as a pre-trial release measure. It is crucial for legal practitioners to understand the provisions of this section and the strategic considerations that come with it. One of the strategic considerations when dealing with section 493 is the importance of ensuring that the client is granted bail or pre-trial release on appropriate terms and conditions. This can be achieved by demonstrating to the court that the client is not a flight risk, is not likely to reoffend, and has a strong community support system. To support this argument, the legal practitioner can present evidence such as the client’s employment status, family ties, or other community involvement. Another strategic consideration is to ensure that the terms and conditions of the recognizance are reasonable and achievable for the client. This can be achieved by negotiating with the prosecution and proposing reasonable and practical terms and conditions that the client can fulfill. For instance, the legal practitioner can propose that the client be allowed to work during the day but required to check in with the police once a week. Additionally, legal practitioners should ensure that the client understands the implications of breaching the terms and conditions of the recognizance. Breaching these conditions can result in the client being brought back into custody, new charges being laid, or additional penalties. Therefore, it is essential to advise the client on the seriousness of the terms and conditions of the recognizance and the consequences of breaching them. Furthermore, legal practitioners should ensure that the terms and conditions of the recognizance do not infringe on the client’s rights or impose unreasonable restrictions on the client. For example, imposing a curfew on a client who works night shifts may be considered an unreasonable restriction. Legal practitioners should ensure that the terms and conditions of the recognizance do not violate the client’s Charter rights, such as the right to mobility or association. In conclusion, section 493 of the Criminal Code of Canada is a crucial consideration when dealing with bail and pre-trial release of a client. Legal practitioners should ensure that the terms and conditions of the recognizance are reasonable, achievable, and do not violate the client’s rights. Clients should be advised on the seriousness of the terms and conditions of the recognizance, the consequences of breaching them, and the importance of compliance. Proper management of the recognizance can help reduce the risk of clients re-offending, thereby promoting public safety.