Criminal Code

Marginal note:Certain actions not to preclude issue of warrant

• 512 (1) A justice may, where the justice has reasonable and probable grounds to believe that it is necessary in the public interest to issue a summons or a warrant for the arrest of the accused, issue a summons or warrant, notwithstanding that

  • (a) an appearance notice or a promise to appear or a recognizance entered into before an officer in charge or another peace officer has been confirmed or cancelled under subsection 508(1);

  • (b) a summons has previously been issued under subsection 507(4); or

  • (c) the accused has been released unconditionally or with the intention of compelling his appearance by way of summons.

• Marginal note:Warrant in default of appearance

  (2) Where

  • (a) service of a summons is proved and the accused fails to attend court in accordance with the summons,

  • (b) an appearance notice or a promise to appear or a recognizance entered into before an officer in charge or another peace officer has been confirmed under subsection 508(1) and the accused fails to attend court in accordance therewith in order to be dealt with according to law, or

  • (c) it appears that a summons cannot be served because the accused is evading service,

  a justice may issue a warrant for the arrest of the accused.