INTRODUCTION AND BRIEF DESCRIPTION
Accused must be taken before a justice within 24 hours of arrest if not released by a peace officer.
SECTION WORDING
672.92(3) If a peace officer does not release the accused, the accused shall be taken before a justice having jurisdiction in the territorial division in which the accused is arrested, without unreasonable delay and in any event within twenty-four hours after the arrest.
EXPLANATION
Section 672.92(3) of the Criminal Code of Canada outlines the procedure to be followed when an individual is arrested by a peace officer and is not immediately released. In such cases, the accused individual must be brought before a justice with territorial jurisdiction as soon as possible, and in any case, no later than 24 hours after the arrest. This provision serves as a safeguard against arbitrary detention and ensures that the accused is not held in custody for an unreasonable amount of time without being presented before a judicial authority. The intention behind this provision is to protect the liberty of the individual and to ensure that they are promptly informed of the reasons for their arrest and any charges against them. The requirement to bring the accused before a justice ensures that there is an independent authority overseeing the detention of the individual and that their rights and interests are protected. The justice may review the circumstances of the arrest, the evidence collected by the police, and any detention decisions made by the police. They may also consider factors such as the risk of flight or reoffending before deciding whether to grant bail or to continue the detention. In summary, section 672.92(3) serves to protect the rights and interests of the accused and maintain the integrity of the justice system by ensuring that individuals are not arbitrarily detained and that detention is subject to judicial oversight.
COMMENTARY
Section 672.92(3) of the Criminal Code of Canada outlines the procedure that must be followed when a peace officer decides not to release an accused individual who has been arrested. According to the section, the accused must be taken before a justice who has jurisdiction in the territorial division where they were arrested. This must happen without unreasonable delay and, at the latest, within 24 hours after the arrest. This provision is a crucial safeguard for individuals who have been arrested, ensuring that they are not held in custody for an extended period without being brought before a judicial officer. This provision is particularly important because the decision to detain someone is a significant restriction on their freedom and should not be taken lightly. It is crucial that there is a robust procedure in place to ensure that this decision is made in a fair and transparent manner. The principle of habeas corpus, or the right to be brought before a judicial officer and to challenge the legality of one's detention, is a fundamental principle of Canadian law. The 24-hour time limit established in Section 672.92(3) is an essential component of this principle. It ensures that individuals who are detained are not left in the dark about why they are being held and are given an opportunity to question the lawfulness of their detention. The 24-hour time limit has also been recognized as an important safeguard against police abuse. By ensuring that police must bring an accused individual before a judicial officer within 24 hours, the law acts as a check on police discretion in deciding who to detain and for how long. It helps to prevent situations where individuals are held in custody for extended periods without explanation or where police hold someone simply to gather evidence against them. However, it is important to note that the 24-hour time limit is not an arbitrary deadline. The law recognizes that there may be situations where it is necessary to hold an accused individual for longer than 24 hours. In such cases, the onus is on the police and the Crown to provide a reasonable explanation for why the individual is still being held and to demonstrate that there are no other means of ensuring the accused's attendance in court or the protection of the public. In conclusion, Section 672.92(3) of the Criminal Code of Canada is an important safeguard against arbitrary detention and police abuse. By requiring police to bring an accused individual before a judicial officer within 24 hours of arrest, the law helps to ensure that individuals are not kept in custody for extended periods without explanation or the opportunity to challenge their detention. At the same time, the law recognizes that there may be situations where holding an individual for longer than 24 hours is necessary and provides a mechanism for ensuring that this decision is made in a fair and transparent manner.
STRATEGY
Section 672.92(3) of the Criminal Code of Canada outlines the duty of the police to take an accused before a justice if they are not released. The section specifies that this must be done without unreasonable delay and within 24 hours of arrest. However, there are many strategic considerations that arise when dealing with this section. Practitioners must be aware of these considerations and the potential strategies that can be employed. One of the primary considerations when dealing with this section is the time-frame in which the accused needs to be taken before a justice. The 24-hour deadline is intended to protect the rights of the accused and to prevent excessive detention without charge. Thus, practitioners must ensure that they comply with this deadline. They must understand that any delay beyond this time-frame could result in the accused being released without charges or could lead to a breach of the accused's Charter rights. Another strategic consideration is the choice of justice before whom the accused will be taken. It is important that the justice has jurisdiction in the territorial division in which the accused was arrested. Additionally, practitioners should consider the tendencies of different justices and how they may view the case. This can help them to decide whether to seek an earlier or later hearing, and can inform their overall approach to the case. In situations where there is a risk that the accused may be released, practitioners may consider presenting evidence or making arguments to the justice that could increase the likelihood of the accused being held in custody. For example, they may argue that the accused is a flight risk, or that they pose a danger to the public if released. This can be a complex and sensitive area, however, as the presentation of such evidence may be seen as an attempt to undermine the presumption of innocence. Another strategic consideration is the potential impact that the accused's time in custody could have on the case. This time may restrict the accused's ability to communicate with their counsel and may also influence the judge's perception of the accused as remorseful or uncooperative. Practitioners need to be aware of these factors and may employ strategies such as seeking bail, or arranging for regular communication with the accused during their time in custody. Ultimately, the key strategic consideration when dealing with Section 672.92(3) is to ensure that the accused's rights are protected while also pursuing the best possible outcome for the case. Practitioners must consider a range of factors, including timing, jurisdiction, evidence, and communication, in order to achieve this balance.