INTRODUCTION AND BRIEF DESCRIPTION
The court may vacate an order and make any other appropriate order for the interim release or detention of the accused on cause shown.
SECTION WORDING
672.46(2) Notwithstanding subsection (1), a court may, on cause being shown, vacate any order, appearance notice, promise to appear, summons, undertaking or recognizance referred to in that subsection and make any other order for the interim release or detention of the accused that the court considers to be appropriate in the circumstances, including an order directing that the accused be detained in custody in a hospital pending a disposition by the Review Board in respect of the accused.
EXPLANATION
Section 672.46(2) of the Criminal Code of Canada permits a court to make an order for the interim release or detention of the accused even if there has been a previous order, appearance notice, summons, undertaking or recognizance that has already been made in accordance with subsection (1) of the same section. This subsection establishes that a court may vacate any of the aforementioned orders, provided that there is a cause shown for doing so. This subsection gives the court broad discretion to determine what order of release or detention is appropriate in the circumstances. It enables courts to make orders for detention in a hospital pending the disposition by the Review Board for accused persons who require medical attention. The purpose of this provision is to ensure that the court has the power to make appropriate orders for a person's interim release or detention, even if the initial order was not adequate or the circumstances have changed. The court may consider various factors when exercising its discretion, including the nature of the offence, the seriousness of the offence, the accused's criminal history, and the likelihood that the accused will attend court. In conclusion, Section 672.46(2) of the Criminal Code of Canada allows the court to make an appropriate order for interim release or detention of the accused, as it deems necessary in the given circumstances.
COMMENTARY
Section 672.46(2) of the Criminal Code of Canada is an important provision as it grants the court the power to vacate any order for interim release or detention of the accused and make an appropriate order on cause being shown. The section is a vital tool for the court to ensure that justice is served and that dangerous individuals are not released into society. The provision recognizes that situations may arise where an order for interim release may need to be vacated for public safety reasons. This could occur in cases where a defendant commits a subsequent offence or violates the conditions of their release. In such cases, the provision allows for the court to make any other order for interim release or detention of the accused that it considers appropriate in the circumstances. In addition, the provision recognizes the need for appropriate care and treatment for individuals who may require it. It allows the court to order that an accused be detained in custody in a hospital pending a disposition by the Review Board in respect of the accused. This is important as it ensures that individuals who require medical attention receive it and that they are not released into the community where they may pose a danger to themselves or others. The provision also emphasizes the importance of the court's discretion in making an appropriate order. This underscores the fact that each case is unique and that the court needs to consider all aspects in reaching its decision. The court must consider the seriousness of the offence, the likelihood of the accused attending court, the safety of the public, and any other relevant factors before making its decision. It should be noted that the provision only applies where cause has been shown. This means that the court must be provided with evidence to support the vacating of an order for interim release or detention of the accused. This ensures that the court does not make arbitrary or unjustified decisions and that it considers all relevant factors before making its decision. In conclusion, Section 672.46(2) of the Criminal Code of Canada is an important provision that allows the court to vacate an order for interim release or detention of the accused and make an appropriate order on cause being shown. It recognizes the need for public safety and ensures that individuals who require medical attention receive it. It also emphasizes the importance of the court's discretion in making an appropriate order and requires that cause be shown before an order is vacated.
STRATEGY
Section 672.46(2) of the Criminal Code of Canada gives the court the authority to vacate any order related to the interim release or detention of the accused if there is sufficient cause for it. This section provides some flexibility to the court to make appropriate decisions in the best interest of the accused. There are several strategic considerations that a lawyer or prosecutor should keep in mind while dealing with this section of the Criminal Code: 1) The nature of the offence: The seriousness of the crime is an essential factor in determining whether the accused deserves to be released or detained. If the offence is severe, the court may be inclined to deny interim release and order detention. 2) Risk Assessment: The critical consideration when reviewing interim release is assessing the risk of the accused committing another offence. The court should assess the chances of the accused fleeing, interfering with witnesses, or reoffending if released. The court may impose conditions upon release, including a requirement for the accused to report regularly to a police station or to refrain from contacting certain individuals. 3) Mental Health: If the accused has a mental health issue, the court may be inclined to detain them in a hospital rather than a jail to ensure they get appropriate medical care. In such cases, the court can make an order directing that the accused be detained in custody in a hospital pending a disposition by the Review Board. 4) Grounds for arrest: A court must determine whether there are any grounds for arrest before making an interim release or detention decision. If the grounds for arrest are not valid, the court should order the release of the accused. 5) Prior criminal record: The prior criminal record of an accused also plays a vital role when deciding on interim release. The court may consider whether the accused was granted bail previously, if they may have skipped bail or violated any conditions of release. In terms of strategies that can be employed when dealing with this section of the Criminal Code, it is essential to have a well-prepared case. This can include gathering evidence, testimonials, character references, and medical records to make the most compelling argument possible for the accused. The arguments must be tailored to the specific circumstances of the case to increase the chances of a successful outcome. In conclusion, Section 672.46(2) of the Criminal Code of Canada allows the court to vacate any order related to the interim release or detention of the accused if there is sufficient cause for it. It is critical to consider the nature of the offence, risk assessment, mental health, grounds for arrest, and prior criminal record while dealing with this section. Employing well-prepared cases, gathering sufficient evidence and building tailored arguments can help increase the chances of a successful outcome.