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Criminal Code

Version of section 567.1 from 2003-01-01 to 2004-05-31:

Marginal note:Mode of trial if two or more accused — Nunavut

  •  (1) Despite any other provision of this Part, if two or more persons are charged with the same indictable offence, unless all of them elect or re-elect or are deemed to have elected, as the case may be, the same mode of trial, the justice of the peace or judge

    • (a) may decline to record any election, re-election or deemed election

      • (i) for trial by a judge without a jury and without having a preliminary inquiry, or

      • (ii) to have a preliminary inquiry and to be tried by a judge without a jury; and

    • (b) if the justice of the peace or judge declines to do so, shall hold a preliminary inquiry unless a preliminary inquiry has been held prior to the election, re-election or deemed election.

  • Marginal note:Application to Nunavut

    (2) This section, and not section 567, applies in respect of criminal proceedings in Nunavut.

  • 1999, c. 3, s. 48

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