The failure to comply with a condition is entitled, ‘‘Failure to comply with a condition of undertaking or recognizance’’ in the Criminal Code. This charge is laid against the defendants having a pending cause and who did not comply with the condition of undertaking that allows them to remain at large. Such a charge is often accompanied by a request to revoke bail so that the defendant remains under custody for the rest of the procedures.
When the goal in the main cause is to make a request for an absolute discharge or to negotiate withdrawal of the charges, failure to comply with a condition may complicate matters: this is why it is essential to comply with release conditions.
Failure to comply with a condition is defined under Section 145 (3) of the Criminal Code; it mains failing to follow, without a legitimate excuse, a condition that is inherent in an undertaking to appear or in an undertaking made when released. These conditions which may have been violated are numerous: it may be a prohibition to communicate with a person, to be found at a certain place, an obligation to follow a curfew, not to own weapons, not to consume alcohol, etc.
The Prosecutor shall not only prove the defendants did not comply with the condition, but also that they did with full knowledge, or at least neglecting to comply with the condition when the defendants knew they were entering an illegal situation.
There are many means of defence against a charge of failing to comply with a condition: was the undertaking governing the condition valid? Was the wording of the condition drafted such that it must necessarily be concluded that the defendants could not legally behave in the way they were charged? Did the defendant have a legitimate excuse to violate the undertaking (for instance, an emergency)? Were the defendants aware they were breaking the condition (for example, if they were in a store in the presence of a person they are not allowed to meet, without foreknowledge that this person would enter the store) and many other means.
Remember that the conditions may be changed through a request by the criminal lawyer during the procedure.
