Attendance from Release
If an accused is released by summons, appearance notice, promise to appear, or undertaking, as discussed above, and the accused fails to attend on the date specified, the justice may issue a warrant under s. 502 for the arrest of the accused.
The warrant may be "endorsed" pursuant to s. 507(6) otherwise the warrant will be considered "unendorsed". .
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Do you sign an undertaking when being released by police?
If you’ve been charged with an offence, you may have signed an Undertaking when being released by police.
An Undertaking is a document created by either a court or the police that places the person being charged with an offence under certain conditions.
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Exception on Out of Territory Offences
The officer should not release if he believes that the person may fail to attend court or where the offence described in s. 503(3) concerning offences outside of the jurisdiction.
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Powers of A Peace Officer
After the officer decides to exercise their authority to arrest without warrant, the peace officer may, depending on the charges, be able to 1. release them with intention to serve them with a summons at a later time; 2. issue an appearance notice; 3. release on an undertaking or 4. detain and bring them to a judge or justice.
Powers on Arrest With.
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Public Interest Factors For Detention
The peace officer or officer in charge may detain for reasons set out in s. 498(1.1) which mirror each other: Section 498 directs an officer to release an accused as soon as practicable, unless one of the reasons listed in (1.1).
One of the "reasonable public interest" grounds include the need to detain a person until they are sober and safe to be .
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What are the rules for undertakings made by police?
Section 499 of the Criminal Code outlines the rules for Undertakings made by police:
499. (1) Where a person who has been arrested with a warrant by a peace officer is taken into custody for an offence other than one mentioned in section 522, the officer in charge may, if the warrant has been endorsed by a justice under subsection 507 (6), . ,
What happens if I don't comply with a criminal undertaking?
Failing to comply with this undertaking will result in a further criminal offence charge under Section 145 (5) and (6) of the Canadian Criminal Code.
Nonetheless, if you’ve got a compelling reason to do so, your criminal defence attorney can apply to Section 499 (3) of the Criminal Code to vary the conditions of the undertaking.
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What is an undertaking in a criminal case?
An Undertaking is a document created by either a court or the police that places the person being charged with an offence under certain conditions.
Common conditions include:
abstaining from consuming or possessing drugs or alcohol or promising to stay away from certain people or places. 