Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2016-11-21 and last amended on 2016-06-17. Previous Versions

Marginal note:Right to re-elect
  •  (1) An accused who elects or is deemed to have elected a mode of trial other than trial by a provincial court judge may re-elect

    • (a) at any time before or after the completion of the preliminary inquiry, with the written consent of the prosecutor, to be tried by a provincial court judge;

    • (b) at any time before the completion of the preliminary inquiry or before the fifteenth day following the completion of the preliminary inquiry, as of right, another mode of trial other than trial by a provincial court judge; and

    • (c) on or after the fifteenth day following the completion of the preliminary inquiry, any mode of trial with the written consent of the prosecutor.

  • Marginal note:Right to re-elect

    (2) An accused who elects to be tried by a provincial court judge or who does not request a preliminary inquiry under subsection 536(4) may, not later than 14 days before the day first appointed for the trial, re-elect as of right another mode of trial, and may do so after that time with the written consent of the prosecutor.

  • Marginal note:Notice

    (3) Where an accused wishes to re-elect under subsection (1) before the completion of the preliminary inquiry, the accused shall give notice in writing that he wishes to re-elect, together with the written consent of the prosecutor, where that consent is required, to the justice presiding at the preliminary inquiry who shall on receipt of the notice,

    • (a) in the case of a re-election under paragraph (1)(b), put the accused to his re-election in the manner set out in subsection (7); or

    • (b) where the accused wishes to re-elect under paragraph (1)(a) and the justice is not a provincial court judge, notify a provincial court judge or clerk of the court of the accused’s intention to re-elect and send to the provincial court judge or clerk the information and any promise to appear, undertaking or recognizance given or entered into in accordance with Part XVI, or any evidence taken before a coroner, that is in the possession of the justice.

  • Marginal note:Idem

    (4) Where an accused wishes to re-elect under subsection (2), the accused shall give notice in writing that he wishes to re-elect together with the written consent of the prosecutor, where that consent is required, to the provincial court judge before whom the accused appeared and pleaded or to a clerk of the court.

  • Marginal note:Notice and transmitting record

    (5) Where an accused wishes to re-elect under subsection (1) after the completion of the preliminary inquiry, the accused shall give notice in writing that he wishes to re-elect, together with the written consent of the prosecutor, where that consent is required, to a judge or clerk of the court of his original election who shall, on receipt of the notice, notify the judge or provincial court judge or clerk of the court by which the accused wishes to be tried of the accused’s intention to re-elect and send to that judge or provincial court judge or clerk the information, the evidence, the exhibits and the statement, if any, of the accused taken down in writing under section 541 and any promise to appear, undertaking or recognizance given or entered into in accordance with Part XVI, or any evidence taken before a coroner, that is in the possession of the first-mentioned judge or clerk.

  • Marginal note:Time and place for re-election

    (6) Where a provincial court judge or judge or clerk of the court is notified under paragraph (3)(b) or subsection (4) or (5) that the accused wishes to re-elect, the provincial court judge or judge shall forthwith appoint a time and place for the accused to re-elect and shall cause notice thereof to be given to the accused and the prosecutor.

  • Marginal note:Proceedings on re-election

    (7) The accused shall attend or, if he is in custody, shall be produced at the time and place appointed under subsection (6) and shall, after

    • (a) the charge on which he has been ordered to stand trial or the indictment, where an indictment has been preferred pursuant to section 566, 574 or 577 or is filed with the court before which the indictment is to be preferred pursuant to section 577, or

    • (b) in the case of a re-election under subsection (1) before the completion of the preliminary inquiry or under subsection (2), the information

    has been read to the accused, be put to his re-election in the following words or in words to the like effect:

    You have given notice of your wish to re-elect the mode of your trial. You now have the option to do so. How do you wish to re-elect?

  • R.S., 1985, c. C-46, s. 561;
  • R.S., 1985, c. 27 (1st Supp.), s. 110;
  • 2002, c. 13, s. 37.
Marginal note:Right to re-elect with consent — Nunavut
  •  (1) An accused who has elected or is deemed to have elected a mode of trial may re-elect any other mode of trial at any time with the written consent of the prosecutor.

  • Marginal note:Right to re-elect before trial — Nunavut

    (2) An accused who has elected or is deemed to have elected a mode of trial but has not requested a preliminary inquiry under subsection 536.1(3) may, as of right, re-elect to be tried by any other mode of trial at any time up to 14 days before the day first appointed for the trial.

  • Marginal note:Right to re-elect at preliminary inquiry — Nunavut

    (3) An accused who has elected or is deemed to have elected a mode of trial and has requested a preliminary inquiry under subsection 536.1(3) may, as of right, re-elect to be tried by the other mode of trial at any time before the completion of the preliminary inquiry or before the 15th day after its completion.

  • Marginal note:Notice of re-election under subsection (1) or (3) — Nunavut

    (4) If an accused wishes to re-elect under subsection (1) or (3), before the completion of the preliminary inquiry, the accused shall give notice in writing of the wish to re-elect, together with the written consent of the prosecutor, if that consent is required, to the justice of the peace or judge presiding at the preliminary inquiry who shall on receipt of the notice put the accused to a re-election in the manner set out in subsection (9).

  • Marginal note:Notice at preliminary inquiry — Nunavut

    (5) If at a preliminary inquiry an accused wishes to re-elect under subsection (1) or (3) to be tried by a judge without a jury but does not wish to request a preliminary inquiry under subsection 536.1(3), the presiding justice of the peace shall notify a judge or a clerk of the Nunavut Court of Justice of the accused’s intention to re-elect and send to the judge or clerk the information and any promise to appear, undertaking or recognizance given or entered into in accordance with Part XVI, or any evidence taken before a coroner, that is in the possession of the justice of the peace.

  • Marginal note:Notice when no preliminary inquiry or preliminary inquiry completed — Nunavut

    (6) If an accused who has not requested a preliminary inquiry under subsection 536.1(3) or who has had one wishes to re-elect under this section, the accused shall give notice in writing of the wish to re-elect together with the written consent of the prosecutor, if that consent is required, to the judge before whom the accused appeared and pleaded or to a clerk of the Nunavut Court of Justice.

  • (7) [Repealed, 2002, c. 13, s. 38]

  • Marginal note:Time and place for re-election — Nunavut

    (8) On receipt of a notice given under any of subsections (4) to (7) that the accused wishes to re-elect, a judge shall immediately appoint a time and place for the accused to re-elect and shall cause notice of the time and place to be given to the accused and the prosecutor.

  • Marginal note:Proceedings on re-election — Nunavut

    (9) The accused shall attend or, if in custody, shall be produced at the time and place appointed under subsection (8) and shall, after

    • (a) the charge on which the accused has been ordered to stand trial or the indictment, if an indictment has been preferred pursuant to section 566, 574 or 577 or is filed with the court before which the indictment is to be preferred pursuant to section 577, or

    • (b) in the case of a re-election under subsection (1) or (3), before the completion of the preliminary inquiry or under subsection (2), the information

    has been read to the accused, be put to a re-election in the following words or in words to the like effect:

    You have given notice of your wish to re-elect the mode of your trial. You now have the option to do so. How do you wish to re-elect?

  • Marginal note:Application to Nunavut

    (10) This section, and not section 561, applies in respect of criminal proceedings in Nunavut.

  • 1999, c. 3, s. 43;
  • 2002, c. 13, s. 38.
Marginal note:Proceedings following re-election
  •  (1) Where the accused re-elects under paragraph 561(1)(a) before the completion of the preliminary inquiry or under subsection 561(1) after the completion of the preliminary inquiry, the provincial court judge or judge, as the case may be, shall proceed with the trial or appoint a time and place for the trial.

  • Marginal note:Idem

    (2) Where the accused re-elects under paragraph 561(1)(b) before the completion of the preliminary inquiry or under subsection 561(2), the justice shall proceed with the preliminary inquiry.

  • R.S., 1985, c. C-46, s. 562;
  • R.S., 1985, c. 27 (1st Supp.), s. 110.
Marginal note:Proceedings following re-election — Nunavut
  •  (1) If the accused re-elects under subsection 561.1(1) to be tried by a judge without a jury and does not request a preliminary inquiry under subsection 536.1(3), the judge shall proceed with the trial or appoint a time and place for the trial.

  • Marginal note:Proceedings following re-election — Nunavut

    (2) If the accused re-elects under section 561.1 before the completion of the preliminary inquiry to be tried by a judge without a jury or by a court composed of a judge and jury, and requests a preliminary inquiry under subsection 536.1(3), the justice of the peace or judge shall proceed with the preliminary inquiry.

  • Marginal note:Application to Nunavut

    (3) This section, and not section 562, applies in respect of criminal proceedings in Nunavut.

  • 1999, c. 3, s. 44;
  • 2002, c. 13, s. 39.
 
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