Criminal Code of Canada - section 521(10) - Application of sections 517, 518 and 519

section 521(10)

INTRODUCTION AND BRIEF DESCRIPTION

This section states that certain sections regarding bail apply to applications made under this section with necessary modifications.

SECTION WORDING

521(10) The provisions of sections 517, 518 and 519 apply with such modifications as the circumstances require in respect of an application under this section.

EXPLANATION

Section 521(10) of the Criminal Code of Canada is an important provision that applies to an application under this section. It states that the provisions of sections 517, 518 and 519 will apply to an application under this section with necessary modifications. This means that the process and rules for applying for bail will also apply to those who are seeking to have their previously granted bail revoked. In essence, section 521(10) contains important provisions governing the revocation of bail. If a person who has been granted bail violates their bail conditions or is deemed to be a threat to public safety, a prosecutor or any other person acting on behalf of the Crown may make an application to have the individual's bail revoked. This could occur at any time, regardless of whether a trial has already commenced. To ensure that applications for the revocation of bail are treated with the seriousness they require, section 521(10) mandates that the application process follow all applicable rules for bail applications. This means that the accused will have the opportunity to make submissions and address any concerns raised regarding their bail. The judge hearing the application must also consider all relevant factors relevant to the case and reach a reasoned decision. Therefore, section 521(10) emphasises the importance of the rights of the accused in cases that require the revocation of bail. It underscores the need to provide procedural fairness to those who have been granted bail while ensuring that public safety is protected.

COMMENTARY

Section 521(10) of the Criminal Code of Canada is an important piece of legislation that governs the procedures for making applications for review of sentences of imprisonment. This section regulates the process for making such applications and dictates the modifications that may be made to ensure that the specific circumstances of the case are adequately taken into account. Section 521(10) deals with the application of three sections of the Criminal Code, namely sections 517, 518 and 519. These sections deal with various aspects of the sentence review process and are therefore crucial to the proper functioning of the application process under section 521 of the Criminal Code. Section 517 of the Criminal Code sets out the circumstances under which an application for review of sentence may be made. Under this section, an application may be made by the accused person or their counsel, and must be made within 30 days of the imposition of sentence. The application must be made on the grounds of a material error of fact or law, a significant change in circumstances or new evidence that was not available at trial. Section 518 of the Criminal Code describes the procedure for making an application for sentence review. This section specifies that the application must be in writing, and must set out the grounds for the application. The section also outlines the requirements for service of the application on the Crown attorney and the judge who imposed the sentence. Section 519 of the Criminal Code sets out the powers of the court on a review of sentence. Under this section, the court may vary the sentence, remit the matter back to the trial court for reconsideration, or dismiss the application. In determining whether to vary the sentence, the court must take into account all relevant circumstances, including the nature and gravity of the offence, the character of the offender, and any other relevant factors. Section 521(10) therefore governs the application of these sections to the review of sentences of imprisonment. The section provides for modifications to these sections as may be necessary to ensure that the unique circumstances of each case are adequately taken into account. This may include modifications to the time limits for making an application, the grounds for the application, or the procedure for making the application. Overall, Section 521(10) of the Criminal Code plays a crucial role in regulating the process for making applications for review of sentences of imprisonment. By providing for modifications to the relevant sections of the Criminal Code, section 521(10) ensures that the process is fair and just, and that the specific circumstances of each case are adequately taken into account.

STRATEGY

Section 521(10) of the Criminal Code of Canada provides for the application of sections 517, 518, and 519 of the Code to applications made under this section. This means that when dealing with this section, there are strategic considerations that need to be taken into account, such as the nature of the offence, the discretion of the court, and the availability of witnesses and evidence. Here are some of the strategies that could be employed when dealing with section 521(10) of the Criminal Code of Canada. 1. Understand the nature of the offence The first consideration in any criminal case is to understand the nature of the offence. Section 521(10) applies to applications made in relation to an offence that is alleged to have been committed. Therefore, it is necessary to analyze the specific provisions of the Criminal Code that apply to the offence in question. Some offences may require a more persuasive application approach due to the seriousness of the allegations or the difficulties in obtaining crucial evidence. 2. Consider the discretion of the court Section 521(10) of the Criminal Code provides for the discretion of the court to modify the provisions of sections 517, 518, and 519 as required based on the circumstances of each case. This means that the court has the power to decide what evidence will be admitted and what rules will be followed during the trial. It also means that the court has the discretion to grant or deny bail depending on the specific circumstances of the case. 3. Consider the availability of witnesses and evidence One important strategic consideration when dealing with section 521(10) is to consider the availability of witnesses and evidence. Proving guilt beyond a reasonable doubt is essential in any criminal case. Therefore, it is important to obtain as much evidence as possible and locate witnesses who can testify to the circumstances of the alleged offence. This information is critical when making an application under section 521(10) of the Criminal Code. 4. Use an experienced criminal lawyer Due to the complexity of the criminal justice system in Canada, it is advisable to use an experienced criminal lawyer when dealing with section 521(10) of the Criminal Code. An experienced lawyer can help prepare an effective application based on the specifics of the case and the specific provisions of the Code that apply to the offence. They can also represent you in court and advocate for the best possible outcome in your case. In conclusion, Section 521(10) of the Criminal Code of Canada provides a wide range of options for applicants in criminal proceedings. When dealing with this section, it is essential to consider the nature of the offence, the discretion of the court, and the availability of witnesses and evidence. If possible, seek the assistance of an experienced criminal lawyer who can help you navigate the complexities of the criminal justice system and fight for your rights and interests.