Criminal Code

Marginal note:Summons — Identification of Criminals Act

• 485.2 (1) A justice or judge may, on application in writing and on oath in Form 6.1, issue a summons, in Form 6.2, requiring an accused or offender to appear at a time and place stated in it for the purposes of the Identification of Criminals Act if

  • (a) the accused is charged with, or the offender has been determined to be guilty of, an offence referred to in paragraph 2(1)(c) of that Act;

  • (b) the accused or offender was previously required to appear for the purposes of that Act and the measurements, processes or operations referred to in that Act were not completed; and

  • (c) the justice or judge is satisfied that the reasons for the measurements, processes or operations not having been completed were exceptional.

• Marginal note:Limitation

  (2) Subsection (1) applies in respect of an offender only if proceedings are ongoing in relation to the matter for which they were previously required to appear for the purposes of the Identification of Criminals Act and for which the sentencing proceedings have not concluded.

• Marginal note:Reasons

  (3) The application must state the reasons why the measurements, processes or operations were not completed.

• Marginal note:Ex parte application

  (4) A justice or judge may proceed ex parte to determine an application made under subsection (1).

• Marginal note:Application — telecommunication

  (5) The application may also be made by any means of telecommunication that produces a writing.

• Marginal note:Alternative to oath

  (6) A person who uses a means of telecommunication referred to in subsection (5) may, instead of swearing an oath, make a statement in writing stating that all matters contained in the application are true to their knowledge and belief, and that statement is deemed to be a statement made under oath.

• Marginal note:Contents of summons

  (7) The summons must

  • (a) be directed to the accused or offender;

  • (b) set out briefly the offence in respect of which the accused is charged or the offender has been determined to be guilty; and

  • (c) set out a summary of subsection 145(3), section 512.1 and subsection 524(4).

• Marginal note:Service of summons

  (8) The summons must be served by a peace officer who shall either deliver it personally to the person to whom it is directed or, if that person cannot conveniently be found, leave it for the person at their latest or usual place of residence with any person found there who appears to be at least 16 years of age.