About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

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
All in all, it is difficult to see what the amendment
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

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.

Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most