Criminal Code

Version of section 598 from 2003-01-01 to 2004-05-31:

Marginal note:Election deemed to be waived
  •  (1) Notwithstanding anything in this Act, where a person to whom subsection 597(1) applies has elected or is deemed to have elected to be tried by a court composed of a judge and jury and, at the time he failed to appear or to remain in attendance for his trial, he had not re-elected to be tried by a court composed of a judge without a jury or a provincial court judge without a jury, he shall not be tried by a court composed of a judge and jury unless

    • (a) he establishes to the satisfaction of a judge of the court in which he is indicted that there was a legitimate excuse for his failure to appear or remain in attendance for his trial; or

    • (b) the Attorney General requires pursuant to section 568 or 569 that the accused be tried by a court composed of a judge and jury.

  • Marginal note:Election deemed to be waived

    (2) An accused who, pursuant to subsection (1), may not be tried by a court composed of a judge and jury is deemed to have elected under section 536 or 536.1 to be tried by a judge without a jury and section 561 or 561.1, as the case may be, does not apply in respect of the accused.

  • R.S., 1985, c. C-46, s. 598;
  • R.S., 1985, c. 27 (1st Supp.), ss. 122, 185(F), 203(E);
  • 1999, c. 3, s. 51.
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