QUICK TAKEAWAY
Unlawfully at Large: If you break out of jail, fail to comply with conditions of your parole, don't show up for sentencing or flee from police after you have been placed under arrest you can be convicted under s.145 of the Criminal Code. There are a number of circumstances where the charge can be laid but it comes down to whether you are at large in the community while you are in lawful custody. A conviction carries a jail term of up to two years.
Table of Contents:
What is Unlawfully at Large?
Every day, people who are in lawful custody decide to circumvent the justice system, whether they fail to return from a day pass from jail, skip a court date while awaiting sentencing for a criminal conviction or do not show up to serve an intermittent jail term. It is commonly known as being unlawfully at large (UAL). It is considered a serious offence by the courts because it indicates the accused is unwilling to face the consequences of their criminal actions.
It is a criminal offence to not surrender into custody when you are required or to escape from custody. Although you may be free on bail or parole, you are still bound by the terms of that release. Failing to do so can lead to criminal charges. There are a number of instances when the charge can be laid.
Escape and being at large without excuse
Under s.145 (1) If you escape lawful custody while serving a term of imprisonment you can face charges.
Failure to attend court or surrender
You are considered UAL under s.145 (2) if you fail to attend court in accordance with your release order if you do not have a lawful excuse. You can also be charged if you fail to surrender in accordance with an order of the court.
Failure to comply with appearance notice or summons
Under s.145 (3), if you are named in an appearance notice and do not show up in court you can face conviction.
Failure to comply with undertaking
Section 145 (4) states you can be released on an undertaking instead of going through a bail hearing. However, if you fail to comply with the conditions you agreed to you are considered unlawfully at large.
Failure to comply with order
If you fail to comply with a court order you can face criminal charges under s.145 (5).
What is Needed to Convict
The Crown prosecutorLawyers who prosecutes charges on behalf of the Crown must prove beyond a reasonable doubtThe standard that must be exceeded to find someone guilty that you were in lawful custody to win a conviction. If, for example, your arrest was made without reasonable and probable grounds then it could be argued that you were entitled to be at large. In this situation you may be able to raise an argument under the Canadian Charter of Rights and Freedoms. The prosecutor must also establish that there was no lawful reason for you to be at large.
Treated as a Summary or Indictable Offence
Depending on the circumstance, the Crown can proceed either as an indictable offenceIndictable offences are more-serious criminal offences or by summary convictionUsed for lesser offences. Indictable offences are reserved for more serious crimes.
Penalties for Unlawfully at Large
The maximum jail term for being unlawfully at large is two years. This term could be added on to any time you have left on a previous sentence. If you were out on parole at the time of the offence, you will likely be returned to serve out your term. If you are out on bail and are charged with being UAL you may be remanded into custody as you could be viewed as a flight risk.
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Zuk Stewart Edgett
Knight & Pritchett LLP
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Glossary of Legal Terms
Crown prosecutor
Lawyers who act for the federal, provincial and territorial governments and prosecute people accused of crimes on behalf of the Crown.
Indictable offence
Indictable offences are the most serious offences under the Criminal Code and they come with more serious punishments, up to a maximum penalty of life in prison.
Reasonable doubt
The Supreme Court of Canada has said that reasonable doubt “falls much closer to absolute certainty than to proof on a balance of probabilities” and “that something less than absolute certainty is required, and that something more than probable guilt is required."
Summary conviction
Summary convictions are used for lesser offences with penalties, fines and short jail time. They reflect the majority of offences as defined in the Code.
