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Criminal Code (R.S.C., 1985, c. C-46)

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Act current to 2024-04-01 and last amended on 2024-01-14. Previous Versions

Marginal note:Time for application to judge

  •  (1) The person having the custody of an accused — who has been charged with an offence other than an offence listed in section 469, who is being detained in custody pending their trial for that offence and who is not required to be detained in custody in respect of any other matter — shall apply to a judge having jurisdiction in the place in which the accused is in custody to fix a date for a hearing to determine whether or not the accused should be released from custody, if the trial has not commenced within 90 days from

    • (a) the day on which the accused was taken before a justice under section 503; or

    • (b) in the case where an order that the accused be detained in custody has been made under section 521, paragraph 523.1(3)(b)(ii) or section 524, or a decision has been made with respect to a review under section 520, the later of the day on which the accused was taken into custody under that order and the day of the decision.

    The person shall make the application immediately after the expiry of those 90 days.

  • Marginal note:Waiver of right to hearing

    (1.1) However, the person having the custody of the accused is not required to make the application if the accused has waived in writing their right to a hearing and the judge has received the waiver before the expiry of the 90-day period referred to in subsection (1).

  • Marginal note:Notice of hearing

    (2) On receiving an application under subsection (1), the judge shall

    • (a) fix a date for the hearing described in subsection (1) to be held in the jurisdiction

      • (i) where the accused is in custody, or

      • (ii) where the trial is to take place; and

    • (b) direct that notice of the hearing be given to such persons, including the prosecutor and the accused, and in such manner as the judge may specify.

  • Marginal note:Cancellation of hearing

    (3) The judge may cancel the hearing if the judge receives the accused’s waiver before the hearing.

  • Marginal note:Consideration of proceeding’s progression

    (4) On the hearing described in subsection (1), the judge shall consider whether the prosecutor or the accused has been responsible for any delay and, if the judge is concerned that the proceedings are progressing slowly and that an unreasonable delay may result, the judge may

    • (a) give directions for expediting the proceedings; or

    • (b) require a further hearing under this section within 90 days or any other period that the judge considers appropriate in the circumstances.

  • Marginal note:Release order

    (5) If, following the hearing, the judge is not satisfied that the continued detention of the accused in custody is justified within the meaning of subsection 515(10), the judge shall make a release order referred to in section 515.

  • Marginal note:Provisions applicable to proceedings

    (6) Sections 495.1, 512.3, 517 to 519 and 524 apply, with any modifications that the circumstances require, in respect of any proceedings under this section.

  • Marginal note:Definition of judge in the Province of Quebec

    (7) In this section, judge, in the Province of Quebec,

    • (a) in the case where the order that the accused be detained in custody has been made by a judge of the superior court of criminal jurisdiction of the Province of Quebec, has the same meaning as in paragraph (b) of the definition judge in section 493; and

    • (b) in any other case, means a judge of the superior court of criminal jurisdiction of the province, a judge of the Court of Quebec or three judges of the Court of Quebec.

  • (8) [Repealed, 2019, c. 25, s. 235]

  • (9) [Repealed, 2019, c. 25, s. 235]

  • R.S., 1985, c. C-46, s. 525
  • R.S., 1985, c. 27 (1st Supp.), s. 90
  • 1994, c. 44, s. 49
  • 1997, c. 18, s. 61
  • 2019, c. 25, s. 235

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