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Sureties and Surety Requirements for Accused Persons Charged with an Offence Under the Criminal Code of Canada
Question: How does a surety function within the Canadian legal system?
Answer: A surety plays a crucial role in ensuring the accused complies with bail conditions under the Criminal Code, R.S.C. 1985, c. C-46. They are responsible for guaranteeing court appearance and adhering to specific conditions, often involving financial undertakings. If the accused breaches bail, the surety may be liable to pay. Understanding these obligations is vital. For legal guidance, contact DefendCharges.Lawyer at (647) 977-5997 and ensure you're fully informed of your responsibilities.
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Under the Criminal Code of Canada, an accused person charged with an offence may be released from custody pending trial, with or without conditions. One of the conditions of release may be a surety, which is a person who agrees to ensure that the accused person will appear in court as required and comply with any other conditions of their release. When an accused person is released on a surety, the surety must sign an undertaking which is a legally binding document that outlines the responsibilities of the surety. The surety must agree to ensure the accused person appears in court as required and comply with any other conditions of release. The surety must also agree to pay a sum of money to the court if the accused person fails to comply with their conditions of release.
Surety Requirements
The surety requirements for an accused person charged with an offence under the Criminal Code of Canada vary depending on the type and seriousness of the offence. Generally, the court will consider the following factors when determining the surety requirements:
- The nature of the offence;
- The accused person’s criminal record, if any;
- The accused person’s ties to the community;
- The accused person’s financial resources;
- The accused person’s family and social support;
- The accused person’s employment status;
- The accused person’s mental health; and
- The accused person’s personal history.
The court may also require the surety to enter into a recognizance, which is a legally binding document that outlines the responsibilities of the surety. The recognizance may require the surety to supervise the accused person and ensure they comply with their conditions of release.
Financial Guarantee
The surety may also be required to pay a sum of money to the court if the accused person fails to comply with their conditions of release. In some cases, the court may require the surety to provide a security, such as a cash deposit or a surety bond. A surety bond is a legally binding document that guarantees the accused person will comply with their conditions of release. The court may also require the surety to provide a personal guarantee, which is a legally binding document that requires the surety to personally guarantee the accused person’s compliance with their conditions of release.
The Law
Declaration of surety 515.1 (1) Before a judge, justice or court names a particular person as a surety, the person shall provide the judge, justice or court with a signed declaration under oath, solemn declaration or solemn affirmation in Form 12 that sets out (a) their name, date of birth and contact information; (b) information demonstrating that they are suitable to act as a surety for the accused, including financial information; (c) their relationship to the accused; (d) the name and date of birth of any other accused for whom they act as a surety; (e) their acknowledgment of the charge, and of any other outstanding charges against the accused and the contents of the accused’s criminal record, if any; (f) their acknowledgment of the amount that they are willing to promise to pay or deposit to the court and that may be forfeited if the accused fails to comply with any condition of the release order; (g) their acknowledgment that they understand the role and responsibilities of a surety and that they assume these voluntarily; and (h) a description of the contents of their criminal record and any outstanding charges against them, if any. Exception (2) Despite subsection (1), a judge, justice or court may name a person as a surety without a declaration if (a) the prosecutor consents to it; or (b) the judge, justice or court is satisfied that (i) the person cannot reasonably provide a declaration in the circumstances, (ii) the judge, justice or court has received sufficient information of the kind that would be set out in a declaration to evaluate whether the person is suitable to act as a surety for the accused, and (iii) the person has acknowleged that they have received sufficient information with respect to the matters referred to in paragraphs (1)(e) to (g) to accept the role and responsibilities of a surety.
Summary Comment
The surety requirements for an accused person charged with an offence under the Criminal Code of Canada may be onerous and difficult to meet. It is important for a surety to understand their obligations and to seek legal advice if they have any questions or concerns.