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Criminal Code

Version of section 767.1 from 2003-01-01 to 2019-12-17:

Marginal note:Substitution of surety

  •  (1) Notwithstanding subsection 766(1) and section 767, where a surety for a person who is bound by a recognizance has rendered the person into the custody of a court pursuant to section 767 or applies to be relieved of his obligation under the recognizance pursuant to subsection 766(1), the court, justice or provincial court judge, as the case may be, may, instead of committing or issuing an order for the committal of the person to prison, substitute any other suitable person for the surety under the recognizance.

  • Marginal note:Signing of recognizance by new sureties

    (2) Where a person substituted for a surety under a recognizance pursuant to subsection (1) signs the recognizance, the original surety is discharged, but the recognizance and the order for judicial interim release pursuant to which the recognizance was entered into are not otherwise affected.

  • R.S., 1985, c. 27 (1st Supp.), s. 167

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