INTRODUCTION AND BRIEF DESCRIPTION
This section outlines when a peace officer cannot release an accused person on bail.
SECTION WORDING
672.92(2) A peace officer shall not release an accused under subsection (1) if the peace officer believes, on reasonable grounds, (a) that it is necessary in the public interest that the accused be detained in custody having regard to all the circumstances, including the need to (i) establish the identity of the accused, (ii) establish the terms and conditions of a disposition made under section 672.54 or of an assessment order, (iii) prevent the commission of an offence, or (iv) prevent the accused from contravening or failing to comply with the disposition or assessment order; (b) that the accused is subject to a disposition or an assessment order of a court, or Review Board, of another province; or (c) that, if the accused is released from custody, the accused will fail to attend, as required, before a justice.
EXPLANATION
Section 672.92(2) of the Criminal Code of Canada relates to the release of an accused person by a peace officer. This section states that a peace officer cannot release an accused person if they reasonably believe that the public interest requires that the person be detained in custody. This decision is based on various factors, such as the need to establish the accused person's identity, establish the terms and conditions of a disposition, prevent the commission of an offence, or prevent the accused person from contravening the disposition or assessment order. Another factor that can prevent the release of an accused person is if they are subject to a disposition or an assessment order of another province. The peace officer can also make the decision to not release the accused person if they believe that the person will fail to appear before a justice as required. The purpose of this section is to ensure that public safety is maintained while also protecting the rights of the accused person. It allows peace officers to keep individuals in custody when necessary to prevent harm to the public or the accused person themselves. Overall, section 672.92(2) plays an important role in the administration of justice in Canada. By providing guidelines for the release of accused persons, it ensures that the right balance between public safety and the rights of the accused is maintained.
COMMENTARY
Section 672.92(2) of the Criminal Code of Canada is a provision that outlines the circumstances under which a peace officer can release an accused under subsection (1) of the same section. Subsection (1) provides that an accused person who is charged with an offence, other than an offence under section 469 of the Criminal Code, or a secondary designated offence, may be released by a peace officer on an undertaking without conditions. However, subsection (2) places some limitations on the discretion of the peace officer to release the accused on an undertaking. The provision states that a peace officer shall not release an accused person if he or she believes, on reasonable grounds, that it is necessary in the public interest to detain the accused in custody, taking into account all the circumstances. The factors that the peace officer must consider in making this determination include the need to establish the identity of the accused, establish the terms and conditions of a disposition, prevent the commission of an offence, or prevent the accused from contravening or failing to comply with a disposition or assessment order. Subsection (2) also prohibits the release of an accused person if he or she is subject to a disposition or an assessment order of a court or Review Board of another province. Finally, the provision states that a peace officer must not release an accused person if he or she believes, on reasonable grounds, that the accused will not attend before a justice as required. This provision is an important safeguard against the potential harm that an accused person who is released on an undertaking without proper consideration of the circumstances may cause. By requiring the peace officer to carefully consider the factors listed in subsection (2), the provision aims to prevent the release of accused persons who may pose a threat to public safety or who may not comply with the conditions of their release. However, the provision must be applied with caution to avoid infringing on the rights of accused persons. The Supreme Court of Canada has emphasized the importance of the presumption of innocence and the right to bail under section 11(e) of the Canadian Charter of Rights and Freedoms. In R v Antic, the Court held that bail should only be denied in cases where it is necessary to prevent the accused from fleeing, endangering the safety of others, or interfering with the proper administration of justice. Therefore, while section 672.92(2) provides an important public safety measure, it must be applied in a manner that is consistent with the constitutional rights of the accused. The provision should be used sparingly, and the reasons for denying an accused person bail must be carefully documented. Additionally, the accused person must have an opportunity to challenge the decision to deny bail at a bail hearing, where the Crown must demonstrate that detention is necessary in the circumstances. Overall, section 672.92(2) of the Criminal Code of Canada is a valuable provision that helps to ensure public safety by preventing the release of accused persons who may pose a threat. However, it must be applied in a manner that is consistent with the constitutional rights of the accused, and should only be used in cases where it is necessary to prevent harm or promote public safety.
STRATEGY
Section 672.92(2) of the Criminal Code of Canada is an important provision when dealing with the release of accused persons from custody. As this provision gives peace officers the power to detain accused persons, it is crucial to consider the strategic implications of this provision when dealing with cases involving criminal charges. One of the main strategic considerations when dealing with section 672.92(2) is to assess whether the accused poses a risk to the public or themselves if they are released from custody. If the peace officer believes, on reasonable grounds, that the accused presents a danger to the public, it may be necessary to detain the accused in custody to prevent further harm from being caused. Another strategic consideration when dealing with section 672.92(2) is to evaluate the likelihood of the accused failing to attend court proceedings. If there is a reasonable belief that the accused will not appear before a justice as required, it may be necessary to detain the accused in custody to ensure that they attend court and face the charges against them. In addition to these strategic considerations, several strategies can be employed when dealing with section 672.92(2) of the Criminal Code of Canada. One strategy is to provide clear information to the accused about their legal obligations and the consequences of failing to comply with court orders. This can help to encourage the accused to attend court and comply with the terms of any disposition or assessment order. Another strategy is to work closely with other agencies and organizations to ensure that the accused has access to the support they need to comply with court orders and avoid further criminal behavior. For example, if the accused has a history of substance abuse, it may be necessary to connect them with addiction treatment programs to help them overcome their addiction. Overall, the strategic considerations and strategies involved in dealing with section 672.92(2) of the Criminal Code of Canada are complex and require careful consideration. However, by working closely with the accused, other agencies, and the justice system, it may be possible to achieve a positive outcome for everyone involved.