Criminal Code

Version of section 574 from 2003-01-01 to 2004-05-31:

Marginal note:Prosecutor may prefer indictment
  •  (1) Subject to subsection (3) and section 577, the prosecutor may prefer an indictment against any person who has been ordered to stand trial in respect of

    • (a) any charge on which that person was ordered to stand trial, or

    • (b) any charge founded on the facts disclosed by the evidence taken on the preliminary inquiry, in addition to or in substitution for any charge on which that person was ordered to stand trial,

    whether or not the charges were included in one information.

  • Marginal note:Consent to inclusion of other charges

    (2) An indictment preferred under subsection (1) may, if the accused consents, include any charge that is not referred to in paragraph (1)(a) or (b), and the offence charged may be dealt with, tried and determined and punished in all respects as if it were an offence in respect of which the accused had been ordered to stand trial, but if the offence was committed wholly in a province other than that in which the accused is before the court, subsection 478(3) applies.

  • Marginal note:Private prosecutor requires consent

    (3) In any prosecution conducted by a prosecutor other than the Attorney General and in which the Attorney General does not intervene, an indictment shall not be preferred under subsection (1) before any court without the written order of a judge of that court.

  • R.S., 1985, c. C-46, s. 574;
  • R.S., 1985, c. 27 (1st Supp.), s. 113.
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