INTRODUCTION AND BRIEF DESCRIPTION
This section allows for a warrant to be issued for the arrest of an accused person who fails to attend court or evades service of a summons.
SECTION WORDING
512(2) Where (a) service of a summons is proved and the accused fails to attend court in accordance with the summons, (b) an appearance notice or a promise to appear or a recognizance entered into before an officer in charge or another peace officer has been confirmed under subsection 508(1) and the accused fails to attend court in accordance therewith in order to be dealt with according to law, or (c) it appears that a summons cannot be served because the accused is evading service, a justice may issue a warrant for the arrest of the accused.
EXPLANATION
Section 512(2) of the Criminal Code of Canada provides the legal framework for issuing a warrant of arrest for an accused person who has failed to comply with a summons, an appearance notice, or a promise to appear. The section states that if an accused person fails to attend court as per the summons or the notice, or if it becomes apparent that the person is evading service of the summons, a justice may issue a warrant for the arrest of the accused. The purpose of this section is to ensure that an accused person is brought before the court to be dealt with according to the law. The section provides an avenue for the authorities to compel the attendance of the accused person before the court and hold them accountable for their actions. Failure to comply with a summons, appearance notice, or promise to appear can result in the issuance of a warrant, which places the accused person in police custody until they are brought before the court. The issuance of a warrant is a serious matter, and the decision to issue one should be made after careful consideration of all the relevant circumstances. The justice issuing the warrant should be satisfied that the accused person is deliberately evading service or has failed to comply with the summons or notice. Moreover, the warrant should only be issued when there are no other reasonable means to compel the attendance of the accused person before the court. In summary, section 512(2) of the Criminal Code of Canada provides a mechanism for ensuring that accused persons attend court to be dealt with according to the law. It underscores the importance of compliance with legal processes and the need for authorities to take appropriate action to ensure that justice is served.
COMMENTARY
Section 512(2) of the Criminal Code of Canada deals with the issuance of an arrest warrant for an accused person who has failed to attend court, despite being served with a summons, an appearance notice, a promise to appear, or a recognizance entered into before an officer in charge or another peace officer. The purpose of this section is to ensure that individuals who are charged with a criminal offence appear before the court to face the charges against them. Failing to attend court in accordance with the summons or other legal procedures is considered an offence in itself and can result in serious consequences, including the issuance of an arrest warrant. Subsection (a) refers to the situation where an accused person is served with a summons and fails to attend court. A summons is a legal document that requires an accused person to appear in court on a specific date and time. Failing to attend court in accordance with the summons is a serious offence as it undermines the administration of justice and can hamper the court's ability to hear and decide cases. Subsection (b) pertains to situations where an accused person has been released on their own recognizance or entered into a promise to appear before an officer in charge or another peace officer, but fails to attend court as required. This subsection highlights the importance of adhering to the terms of release, as failing to do so can have severe consequences. Finally, subsection (c) deals with the situation where an accused person is evading service of a summons. This subsection acknowledges that some individuals may try to avoid being served with a summons in order to avoid facing criminal charges. In such cases, a warrant for their arrest may be issued in order to ensure that they are brought before the court to face the charges against them. Overall, section 512(2) of the Criminal Code of Canada plays a crucial role in the administration of justice. It ensures that accused persons who have been charged with an offence must appear in court and face the charges against them. This enables the court to hear and decide cases in a fair and just manner, which is essential for upholding the rule of law and maintaining a just society.
STRATEGY
Section 512(2) of the Criminal Code of Canada is an important tool for law enforcement when dealing with accused individuals who fail to appear in court as required. However, there are several strategic considerations that need to be taken into account when using this section of the code. One key consideration is the potential impact of issuing a warrant. In some cases, it may be more advantageous to give the individual another chance to appear voluntarily, rather than risk a negative impact on their personal life, career, or relationships. Therefore, law enforcement officials must weigh the potential benefits and drawbacks of issuing a warrant for an individual who has failed to appear in court. Another consideration is the nature of the alleged offense. For example, if an individual has failed to appear in court for a minor traffic infraction, the potential consequences of issuing a warrant may not be substantial. However, if the individual in question has been accused of a serious crime, such as murder or terrorism, the risks of allowing them to remain at large may be prohibitively high. When deciding whether to issue a warrant, law enforcement officials also need to consider the availability of resources. The process of locating, apprehending, and transporting an accused individual can be a significant drain on resources, both in terms of time and money. Therefore, it may be necessary to prioritize cases based on the severity of the alleged offense, the likelihood of apprehension, and the availability of resources. Once a warrant has been issued, law enforcement officials must also consider the best strategies for apprehending the accused individual. This may involve collaborating with other law enforcement agencies, using a variety of surveillance techniques, and coordinating with other individuals who may have information about the whereabouts of the accused. Effective communication and collaboration between law enforcement officials is critical to the successful apprehension of an individual who has failed to appear in court. In summary, section 512(2) of the Criminal Code of Canada is a powerful tool for law enforcement officials when dealing with accused individuals who fail to appear in court. However, careful consideration of the potential risks and benefits is necessary to determine whether issuing a warrant is the most appropriate approach. If a warrant is issued, effective collaboration, resource allocation, and surveillance strategies may be necessary to ensure the successful apprehension of the accused individual.