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12 Crim. L.Q. 6 (1969-1970)
Discretionary Bench Warrants

handle is hein.journals/clwqrty12 and id is 20 raw text is: 6 THE CRIMINAL LAW QUARTERLY he must convict because the accused has not satisfied him that he is not living on the avails. Section 184(2) may not be all that important, but the amendments to ss. 221 (3) (failing to stop), 292 (2) (break- ing and entering) and 293 (2) (being in dwelling house) are bound to give rise to difficulties where the accused offers some evidence that may or may not be believed but is at least sufficient to be classified as any evidence to the contrary. All in all, it is difficult to see what the amendment accomplishes. A. W. M. Discretionary Bench Warrants Not infrequently counsel has been presented with the situation of his client sending word that he has been de- tained, beyond his control, out of town, or suddenly taken ill and cannot attend at court on his remand date. The Criminal Code provides for the issuing of a bench warrant. This places an undue workload on the police, and it is suggested an unwarranted arrest of those accused. They are presumed innocent of the crimes of which they -have been charged so it is not stretching the legal maxim too far to presume that they, on proper submission being made by counsel, be presumed to have been innocent for their failure to appear in these circumstances. To overcome this harsh and suggested needless expen- diture of paper and police work, and let us hope on some bases of dignity and enlightenment, some of our provincial judges have been issuing what has become to be known as a discretionary bench warrant-that is a warrant marked to be exercised with discretion and returnable on a definite date. Presumably, if the accused does not show on that return date, the discretionary portion of the warrant is removed and the warrant issued for arrest. What is left unsaid is whose discretion is to be exercised and in what

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