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Criminal Code (R.S.C., 1985, c. C-46)

Full Document:  

Act current to 2020-05-04 and last amended on 2019-12-18. Previous Versions

PART XVICompelling Appearance of Accused Before a Justice and Interim Release (continued)

Review of Detention where Trial Delayed

Marginal note:Time for application to judge

  •  (1) The person having the custody of an accused — who has been charged with an offence other than an offence listed in section 469, who is being detained in custody pending their trial for that offence and who is not required to be detained in custody in respect of any other matter — shall apply to a judge having jurisdiction in the place in which the accused is in custody to fix a date for a hearing to determine whether or not the accused should be released from custody, if the trial has not commenced within 90 days from

    • (a) the day on which the accused was taken before a justice under section 503; or

    • (b) in the case where an order that the accused be detained in custody has been made under section 521, paragraph 523.1(3)(b)(ii) or section 524, or a decision has been made with respect to a review under section 520, the later of the day on which the accused was taken into custody under that order and the day of the decision.

    The person shall make the application immediately after the expiry of those 90 days.

  • Marginal note:Waiver of right to hearing

    (1.1) However, the person having the custody of the accused is not required to make the application if the accused has waived in writing their right to a hearing and the judge has received the waiver before the expiry of the 90-day period referred to in subsection (1).

  • Marginal note:Notice of hearing

    (2) On receiving an application under subsection (1), the judge shall

    • (a) fix a date for the hearing described in subsection (1) to be held in the jurisdiction

      • (i) where the accused is in custody, or

      • (ii) where the trial is to take place; and

    • (b) direct that notice of the hearing be given to such persons, including the prosecutor and the accused, and in such manner as the judge may specify.

  • Marginal note:Cancellation of hearing

    (3) The judge may cancel the hearing if the judge receives the accused’s waiver before the hearing.

  • Marginal note:Consideration of proceeding’s progression

    (4) On the hearing described in subsection (1), the judge shall consider whether the prosecutor or the accused has been responsible for any delay and, if the judge is concerned that the proceedings are progressing slowly and that an unreasonable delay may result, the judge may

    • (a) give directions for expediting the proceedings; or

    • (b) require a further hearing under this section within 90 days or any other period that the judge considers appropriate in the circumstances.

  • Marginal note:Release order

    (5) If, following the hearing, the judge is not satisfied that the continued detention of the accused in custody is justified within the meaning of subsection 515(10), the judge shall make a release order referred to in section 515.

  • Marginal note:Provisions applicable to proceedings

    (6) Sections 495.1, 512.3, 517 to 519 and 524 apply, with any modifications that the circumstances require, in respect of any proceedings under this section.

  • Marginal note:Definition of judge in the Province of Quebec

    (7) In this section, judge, in the Province of Quebec,

    • (a) in the case where the order that the accused be detained in custody has been made by a judge of the superior court of criminal jurisdiction of the Province of Quebec, has the same meaning as in paragraph (b) of the definition judge in section 493; and

    • (b) in any other case, means a judge of the superior court of criminal jurisdiction of the province, a judge of the Court of Quebec or three judges of the Court of Quebec.

  • (8) [Repealed, 2019, c. 25, s. 235]

  • (9) [Repealed, 2019, c. 25, s. 235]

  • R.S., 1985, c. C-46, s. 525
  • R.S., 1985, c. 27 (1st Supp.), s. 90
  • 1994, c. 44, s. 49
  • 1997, c. 18, s. 61
  • 2019, c. 25, s. 235

Marginal note:Directions for expediting proceedings

 Subject to subsection 525(4), a court, judge or justice before which or whom an accused appears under this Part may give directions for expediting any proceedings in respect of the accused.

  • R.S., 1985, c. C-46, s. 526
  • R.S., 1985, c. 27 (1st Supp.), s. 91
  • 2019, c. 25, s. 236

Procedure to Procure Attendance of a Prisoner

Marginal note:Procuring attendance

  •  (1) A judge of a superior court of criminal jurisdiction may order in writing that a person who is confined in a prison be brought before the court, judge, justice or provincial court judge before whom the prisoner is required to attend, from day to day as may be necessary, if

    • (a) the applicant for the order sets out the facts of the case in an affidavit and produces the warrant, if any; and

    • (b) the judge is satisfied that the ends of justice require that an order be made.

  • Marginal note:Provincial court judge’s order

    (2) A provincial court judge has the same powers for the purposes of subsection (1) or (7) as a judge has under that subsection where the person whose attendance is required is within the province in which the provincial court judge has jurisdiction.

  • Marginal note:Conveyance of prisoner

    (3) An order that is made under subsection (1) or (2) shall be addressed to the person who has custody of the prisoner, and on receipt thereof that person shall

    • (a) deliver the prisoner to any person who is named in the order to receive him; or

    • (b) bring the prisoner before the court, judge, justice or provincial court judge, as the case may be, on payment of his reasonable charges in respect thereof.

  • Marginal note:Detention of prisoner required as witness

    (4) Where a prisoner is required as a witness, the judge or provincial court judge shall direct, in the order, the manner in which the prisoner shall be kept in custody and returned to the prison from which he is brought.

  • Marginal note:Detention in other cases

    (5) Where the appearance of a prisoner is required for the purposes of paragraph (1)(a) or (b), the judge or provincial court judge shall give appropriate directions in the order with respect to the manner in which the prisoner is

    • (a) to be kept in custody, if he is ordered to stand trial; or

    • (b) to be returned, if he is discharged on a preliminary inquiry or if he is acquitted of the charge against him.

  • Marginal note:Application of sections respecting sentence

    (6) Sections 718.3 and 743.1 apply where a prisoner to whom this section applies is convicted and sentenced to imprisonment by the court, judge, justice or provincial court judge.

  • Marginal note:Transfer of prisoner

    (7) On application by the prosecutor, a judge of a superior court of criminal jurisdiction may, if a prisoner or a person in the custody of a peace officer consents in writing, order the transfer of the prisoner or other person to the custody of a peace officer named in the order for a period specified in the order, where the judge is satisfied that the transfer is required for the purpose of assisting a peace officer acting in the execution of his or her duties.

  • Marginal note:Conveyance of prisoner

    (8) An order under subsection (7) shall be addressed to the person who has custody of the prisoner and on receipt thereof that person shall deliver the prisoner to the peace officer who is named in the order to receive him.

  • Marginal note:Return

    (9) When the purposes of any order made under this section have been carried out, the prisoner shall be returned to the place where he was confined at the time the order was made.

  • R.S., 1985, c. C-46, s. 527
  • R.S., 1985, c. 27 (1st Supp.), ss. 92, 101(E), 203
  • 1994, c. 44, s. 50
  • 1995, c. 22, s. 10
  • 1997, c. 18, s. 62
  • 2015, c. 3, s. 52(F)

Endorsement of Warrant

Marginal note:Endorsing warrant

  •  (1) Where a warrant for the arrest or committal of an accused, in any form set out in Part XXVIII in relation thereto, cannot be executed in accordance with section 514 or 703, a justice within whose jurisdiction the accused is or is believed to be shall, on application and proof on oath or by affidavit of the signature of the justice who issued the warrant, authorize the arrest of the accused within his jurisdiction by making an endorsement, which may be in Form 28, on the warrant.

  • Marginal note:Copy of affidavit or warrant

    (1.1) A copy of an affidavit or warrant submitted by a means of telecommunication that produces a writing has the same probative force as the original for the purposes of subsection (1).

  • Marginal note:Effect of endorsement

    (2) An endorsement that is made on a warrant pursuant to subsection (1) is sufficient authority to the peace officers to whom it was originally directed, and to all peace officers within the territorial jurisdiction of the justice by whom it is endorsed, to execute the warrant and to take the accused before the justice who issued the warrant or before any other justice for the same territorial division.

  • R.S., 1985, c. C-46, s. 528
  • R.S., 1985, c. 27 (1st Supp.), s. 93
  • 1994, c. 44, s. 51
 
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