Criminal Code

Version of section 493 from 2003-04-01 to 2015-02-25:

Marginal note:Definitions

 In this Part,

accused

prévenu

accused includes

  • (a) a person to whom a peace officer has issued an appearance notice under section 496, and

  • (b) a person arrested for a criminal offence; (prévenu)

appearance notice

citation à comparaître

appearance notice means a notice in Form 9 issued by a peace officer; (citation à comparaître)

judge

juge

judge means

  • (a) in the Province of Ontario, a judge of the superior court of criminal jurisdiction of the Province,

  • (b) in the Province of Quebec, a judge of the superior court of criminal jurisdiction of the province or three judges of the Court of Quebec,

  • (c) [Repealed, 1992, c. 51, s. 37]

  • (d) in the Provinces of Nova Scotia, New Brunswick, Manitoba, British Columbia, Prince Edward Island, Saskatchewan, Alberta and Newfoundland, a judge of the superior court of criminal jurisdiction of the Province,

  • (e) in Yukon and the Northwest Territories, a judge of the Supreme Court, and

  • (f) in Nunavut, a judge of the Nunavut Court of Justice; (juge)

officer in charge

fonctionnaire responsable

officer in charge means the officer for the time being in command of the police force responsible for the lock-up or other place to which an accused is taken after arrest or a peace officer designated by him for the purposes of this Part who is in charge of that place at the time an accused is taken to that place to be detained in custody; (fonctionnaire responsable)

promise to appear

promesse de comparaître

promise to appear means a promise in Form 10; (promesse de comparaître)

recognizance

engagement

recognizance, when used in relation to a recognizance entered into before an officer in charge, or other peace officer, means a recognizance in Form 11, and when used in relation to a recognizance entered into before a justice or judge, means a recognizance in Form 32; (engagement)

summons

sommation

summons means a summons in Form 6 issued by a justice or judge; (sommation)

undertaking

promesse

undertaking means an undertaking in Form 11.1 or 12; (promesse)

warrant

mandat

warrant, when used in relation to a warrant for the arrest of a person, means a warrant in Form 7 and, when used in relation to a warrant for the committal of a person, means a warrant in Form 8. (mandat)

  • R.S., 1985, c. C-46, s. 493;
  • R.S., 1985, c. 11 (1st Supp.), s. 2, c. 27 (2nd Supp.), s. 10, c. 40 (4th Supp.), s. 2;
  • 1990, c. 16, s. 5, c. 17, s. 12;
  • 1992, c. 51, s. 37;
  • 1994, c. 44, s. 39;
  • 1999, c. 3, s. 30;
  • 2002, c. 7, s. 143.
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