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Criminal Code (R.S.C., 1985, c. C-46)

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Act current to 2020-07-28 and last amended on 2020-07-01. Previous Versions

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

Judicial Interim Release (continued)

Marginal note:Variation of release order with consent

 A release order under which an accused has been released under section 515 may be varied with the written consent of the accused, prosecutor and any sureties. The order so varied is considered to be a release order under section 515.

  • 2019, c. 25, s. 229

Marginal note:Review of order

  •  (1) If a justice, or a judge of the Nunavut Court of Justice, makes an order under subsection 515(2), (5), (6), (7), or (12) or makes or vacates any order under paragraph 523(2)(b), the accused may, at any time before the trial of the charge, apply to a judge for a review of the order.

  • Marginal note:Notice to prosecutor

    (2) An application under this section shall not, unless the prosecutor otherwise consents, be heard by a judge unless the accused has given to the prosecutor at least two clear days notice in writing of the application.

  • Marginal note:Accused to be present

    (3) If the judge so orders or the prosecutor or the accused or his counsel so requests, the accused shall be present at the hearing of an application under this section and, where the accused is in custody, the judge may order, in writing, the person having the custody of the accused to bring him before the court.

  • Marginal note:Adjournment of proceedings

    (4) A judge may, before or at any time during the hearing of an application under this section, on application by the prosecutor or the accused, adjourn the proceedings, but if the accused is in custody no adjournment shall be for more than three clear days except with the consent of the accused.

  • Marginal note:Failure of accused to attend

    (5) Where an accused, other than an accused who is in custody, has been ordered by a judge to be present at the hearing of an application under this section and does not attend the hearing, the judge may issue a warrant for the arrest of the accused.

  • Marginal note:Execution

    (6) A warrant issued under subsection (5) may be executed anywhere in Canada.

  • Marginal note:Evidence and powers of judge on review

    (7) On the hearing of an application under this section, the judge may consider

    • (a) the transcript, if any, of the proceedings heard by the justice and by any judge who previously reviewed the order made by the justice,

    • (b) the exhibits, if any, filed in the proceedings before the justice, and

    • (c) such additional evidence or exhibits as may be tendered by the accused or the prosecutor,

    and shall either

    • (d) dismiss the application, or

    • (e) if the accused shows cause, allow the application, vacate the order previously made by the justice and make any other order provided for in section 515 that he considers is warranted.

  • Marginal note:Limitation of further applications

    (8) Where an application under this section or section 521 has been heard, a further or other application under this section or section 521 shall not be made with respect to that same accused, except with leave of a judge, prior to the expiration of thirty days from the date of the decision of the judge who heard the previous application.

  • Marginal note:Application of sections 517, 518 and 519

    (9) The provisions of sections 517, 518 and 519 apply with such modifications as the circumstances require in respect of an application under this section.

  • R.S., 1985, c. C-46, s. 520
  • R.S., 1985, c. 27 (1st Supp.), s. 86
  • 1994, c. 44, s. 46
  • 1999, c. 3, s. 31
  • 2019, c. 25, s. 230

Marginal note:Review of order

  •  (1) If a justice, or a judge of the Nunavut Court of Justice, makes an order under subsection 515(1), (2), (7) or (12) or makes or vacates any order under paragraph 523(2)(b), the prosecutor may, at any time before the trial of the charge, apply to a judge for a review of the order.

  • Marginal note:Notice to accused

    (2) An application under this section shall not be heard by a judge unless the prosecutor has given to the accused at least two clear days notice in writing of the application.

  • Marginal note:Accused to be present

    (3) If the judge so orders or the prosecutor or the accused or his counsel so requests, the accused shall be present at the hearing of an application under this section and, where the accused is in custody, the judge may order, in writing, the person having the custody of the accused to bring him before the court.

  • Marginal note:Adjournment of proceedings

    (4) A judge may, before or at any time during the hearing of an application under this section, on application of the prosecutor or the accused, adjourn the proceedings, but if the accused is in custody no adjournment shall be for more than three clear days except with the consent of the accused.

  • Marginal note:Failure of accused to attend

    (5) Where an accused, other than an accused who is in custody, has been ordered by a judge to be present at the hearing of an application under this section and does not attend the hearing, the judge may issue a warrant for the arrest of the accused.

  • Marginal note:Warrant for detention

    (6) Where, pursuant to paragraph (8)(e), the judge makes an order that the accused be detained in custody until he is dealt with according to law, he shall, if the accused is not in custody, issue a warrant for the committal of the accused.

  • Marginal note:Execution

    (7) A warrant issued under subsection (5) or (6) may be executed anywhere in Canada.

  • Marginal note:Evidence and powers of judge on review

    (8) On the hearing of an application under this section, the judge may consider

    • (a) the transcript, if any, of the proceedings heard by the justice and by any judge who previously reviewed the order made by the justice,

    • (b) the exhibits, if any, filed in the proceedings before the justice, and

    • (c) such additional evidence or exhibits as may be tendered by the prosecutor or the accused,

    and shall either

    • (d) dismiss the application, or

    • (e) if the prosecutor shows cause, allow the application, vacate the order previously made by the justice and make any other order provided for in section 515 that he considers to be warranted.

  • Marginal note:Limitation of further applications

    (9) Where an application under this section or section 520 has been heard, a further or other application under this section or section 520 shall not be made with respect to the same accused, except with leave of a judge, prior to the expiration of thirty days from the date of the decision of the judge who heard the previous application.

  • Marginal note:Application of sections 517, 518 and 519

    (10) The provisions of sections 517, 518 and 519 apply with such modifications as the circumstances require in respect of an application under this section.

  • R.S., 1985, c. C-46, s. 521
  • R.S., 1985, c. 27 (1st Supp.), s. 87
  • 1994, c. 44, s. 47
  • 1999, c. 3, s. 32
  • 2019, c. 25, s. 231

Marginal note:Interim release by judge only

  •  (1) Where an accused is charged with an offence listed in section 469, no court, judge or justice, other than a judge of or a judge presiding in a superior court of criminal jurisdiction for the province in which the accused is so charged, may release the accused before or after the accused has been ordered to stand trial.

  • Marginal note:Idem

    (2) Where an accused is charged with an offence listed in section 469, a judge of or a judge presiding in a superior court of criminal jurisdiction for the province in which the accused is charged shall order that the accused be detained in custody unless the accused, having been given a reasonable opportunity to do so, shows cause why his detention in custody is not justified within the meaning of subsection 515(10).

  • Marginal note:Order re no communication

    (2.1) A judge referred to in subsection (2) who orders that an accused be detained in custody under this section may include in the order a direction that the accused abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order except in accordance with such conditions specified in the order as the judge considers necessary.

  • Marginal note:Release of accused

    (3) If the judge does not order that the accused be detained in custody under subsection (2), the judge may make a release order referred to in section 515.

  • Marginal note:Order not reviewable except under section 680

    (4) An order made under this section is not subject to review, except as provided in section 680.

  • Marginal note:Application of sections 517, 518 and 519

    (5) The provisions of sections 517, 518 except subsection (2) thereof, and 519 apply with such modifications as the circumstances require in respect of an application for an order under subsection (2).

  • Marginal note:Other offences

    (6) Where an accused is charged with an offence mentioned in section 469 and with any other offence, a judge acting under this section may apply the provisions of this Part respecting judicial interim release to that other offence.

  • R.S., 1985, c. C-46, s. 522
  • R.S., 1985, c. 27 (1st Supp.), s. 88
  • 1991, c. 40, s. 32
  • 1994, c. 44, s. 48
  • 1999, c. 25, s. 10(Preamble)
  • 2019, c. 25, s. 232
 
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