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captanan
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Category: Canada Family Law
Satisfied Customers: 232
Experience:  Lawyer
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Can a judge remove a undertaking given to a peace officer in

Customer Question

Can a judge remove a undertaking given to a peace officer in charge in order for that person to go back home?
Submitted: 1 year ago.
Category: Canada Family Law
Expert:  captanan replied 1 year ago.

Hello:

I'm a criminal defence lawyer and can assist you with your inquiry.

There are two different ways to have conditions that are part of an undertaking varied / deleted:

(1) The easiest way would be to get the Crown to agree to the change. If the change is proposed on consent, the change is administrative, in that all it takes is a certain document to be filled out by Crown and then signed off by a Judge or Justice of the Peace.

(2) The Crown may not agree to the proposed change to the undertaking. In these cases, are more difficult task is required, which is an application to a Judge to have the undertaking amended into a bail, with conditions to be decided by the Judge pursuant to evidence heard during the application / motion. The application would be pursuant to s. 499(3) of the Criminal Code of Canada. It is helpful to have legal counsel for this.

I hope this answers your question; please provide a positive rating if it has.

Thanks and good luck.

Expert:  captanan replied 1 year ago.

Please note that this refers to an application in criminal court, stemming from a criminal charge for which you were released on an undertaking.

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