INTRODUCTION AND BRIEF DESCRIPTION
Accused must be taken before a justice as soon as possible if alternate justices are not available within 24 hours of arrest.
SECTION WORDING
672.92(5) If a justice described in subsection (3) or (4) is not available within twenty-four hours after the arrest, the accused shall be taken before a justice as soon as practicable.
EXPLANATION
Section 672.92(5) of the Criminal Code of Canada outlines the procedures that must be followed if a justice is not available within 24 hours after an arrest has taken place. This section is particularly important in ensuring that the rights of the accused are protected, even if a justice is not immediately available. The section states that if a justice is not available after 24 hours, the accused must be taken before a justice as soon as practicable. This means that law enforcement officials cannot delay the accused's access to justice simply because a justice is not immediately available. In such cases, the accused must be brought before a justice as soon as possible, without any unnecessary delays. This section is also significant in terms of ensuring that the legal process is efficient and effective. By ensuring that the accused is brought before a justice as soon as practicable, the legal system can begin to address the charges against the accused in a timely manner. This is important in terms of maintaining public safety and ensuring that justice is served. Overall, Section 672.92(5) of the Criminal Code of Canada is an important provision that helps to ensure that the rights of the accused are protected and that the legal process is efficient and effective. By mandating that the accused must be brought before a justice as soon as practicable, this section helps to ensure that justice is served fairly and promptly.
COMMENTARY
Section 672.92(5) of the Criminal Code of Canada is an important provision that outlines the rights of individuals who have been arrested and detained by law enforcement officials. This provision states that if a justice described in subsection (3) or (4) is not available within twenty-four hours after the arrest, the accused shall be taken before a justice as soon as practicable. This provision is essential in protecting the rights of individuals who have been arrested. It ensures that they are not held in custody for an indefinite period of time without being brought before a justice. The twenty-four hour time limit is a reasonable amount of time for a justice to be made available, which means that the accused person will not be left in custody for an unreasonable amount of time. The importance of this provision cannot be overstated. The Canadian Charter of Rights and Freedoms guarantees that individuals have the right to be free from arbitrary detention, and this provision helps to ensure that this right is protected. It ensures that law enforcement officials do not abuse their power by detaining individuals for an extended period of time without bringing them before a justice. Moreover, this provision also has practical implications. It ensures that the justice system operates effectively and efficiently by requiring that individuals who have been arrested are brought before a justice in a timely manner. This provision helps to prevent delays in the justice system and ensures that individuals are not held in custody longer than necessary. There are, however, some potential challenges associated with this provision. For example, in some situations, it may be difficult to locate a justice within twenty-four hours. This could be particularly challenging in remote or rural areas where there may be limited access to justice officials. In these situations, it may be difficult to comply with the twenty-four hour time limit, which could lead to prolonged detention of the accused. Another potential challenge is that there may be situations where law enforcement officials are unable to bring the accused before a justice as soon as practicable. For example, if the accused is injured or in need of medical attention, it may not be possible to transfer them to a justice immediately. In these situations, it may be necessary to delay the transfer until the accused is in a stable condition. While delays like these may be necessary, it is important to ensure that the accused is not held in custody longer than necessary. In conclusion, Section 672.92(5) of the Criminal Code of Canada is a crucial provision that helps to protect the rights of individuals who have been arrested. It ensures that they are not detained for an unreasonable amount of time and that they are brought before a justice in a timely manner. While there may be challenges associated with complying with this provision, it is essential to ensure that individuals are not subject to arbitrary detention and that the justice system operates effectively and efficiently.
STRATEGY
Section 672.92(5) of the Criminal Code of Canada is an important legal provision that governs the rights of an accused person who has been arrested. It provides that if a justice described in subsection (3) or (4) is not available within 24 hours after the arrest, the accused person must be taken before a justice as soon as practicable. This section protects the fundamental rights of the accused person to timely access to justice and due process. Dealing with this section of the Criminal Code of Canada requires strategic considerations and tactics, especially for defence lawyers and prosecutors. Below are some of the strategies that can be employed: 1. Exercise the Right to Counsel One of the strategic considerations defence lawyers should consider when dealing with Section 672.92(5) of the Criminal Code of Canada is to ensure that their client exercises their right to counsel. This means that once the accused person is arrested, they should immediately ask for a lawyer. The lawyer can then help the accused person determine whether they should be taken before a justice as soon as practicable or whether they should wait for a more appropriate time. 2. Ensure That the Accused Person is Not Held in Detention for Too Long Another strategic consideration is to ensure that the accused person is not held in detention for too long. The police have the power to detain an accused person for a maximum of 24 hours without charge. If a justice is not available, then the accused person can be held in detention until a justice is available, or until their lawyer can arrange for a bail hearing. Defence lawyers can argue for a temporary release of their client pending trial or bail, especially if the delay is unreasonable or if it prejudices their client's right to a fair trial. 3. Preserve Evidence Another strategic consideration that defence lawyers should consider when dealing with Section 672.92(5) of the Criminal Code of Canada is to preserve evidence. This is because the delay in bringing charges against an accused person could result in the loss or destruction of evidence that could be critical to the defence. It is essential to act quickly to preserve evidence and to make sure that it is not altered or tampered with. 4. Seek Judicial Interim Release Another strategy that can be employed by defence lawyers is to seek a judicial interim release. This means that the accused person can be released from custody on certain conditions, such as posting bail or adhering to a curfew. This strategy can be effective when the delay in bringing charges is prolonged, and the accused person is facing severe prejudice by being detained. 5. Challenge the Admissibility of Evidence Finally, another strategic consideration is to challenge the admissibility of evidence. This strategy can be employed if the Crown has relied on evidence that was obtained during the prolonged delay in bringing charges against the accused person. This strategy requires a thorough understanding of the rules governing the admissibility of evidence and skill in crafting persuasive legal arguments. In conclusion, dealing with Section 672.92(5) of the Criminal Code of Canada requires strategic considerations and tactics. Defence lawyers and prosecutors should employ these strategies to protect the fundamental rights of the accused person to timely access to justice and due process. By doing so, they can ensure that justice is served and that the rule of law is upheld.