Marginal note:Recommencement where dismissal for want of prosecution
485.1 Where an indictment in respect of a transaction is dismissed or deemed by any provision of this Act to be dismissed for want of prosecution, a new information shall not be laid and a new indictment shall not be preferred before any court in respect of the same transaction without
(a) the personal consent in writing of the Attorney General or Deputy Attorney General, in any prosecution conducted by the Attorney General or in which the Attorney General intervenes; or
(b) the written order of a judge of that court, in any prosecution conducted by a prosecutor other than the Attorney General and in which the Attorney General does not intervene.
- R.S., 1985, c. 27 (1st Supp.), s. 67.
Marginal note:Exclusion of public in certain cases
486. (1) Any proceedings against an accused shall be held in open court, but the presiding judge or justice may order the exclusion of all or any members of the public from the court room for all or part of the proceedings if the judge or justice is of the opinion that such an order is in the interest of public morals, the maintenance of order or the proper administration of justice or is necessary to prevent injury to international relations or national defence or national security.
Marginal note:Protection of witnesses under 18 and justice system participants
(2) For the purposes of subsection (1), the “proper administration of justice” includes ensuring that
(a) the interests of witnesses under the age of eighteen years are safeguarded in all proceedings; and
(b) justice system participants who are involved in the proceedings are protected.
Marginal note:Reasons to be stated
(3) If an accused is charged with an offence under section 151, 152, 153, 153.1, 155 or 159, subsection 160(2) or (3) or section 163.1, 170, 171, 171.1, 172, 172.1, 172.2, 173, 212, 271, 272, 273, 279.01, 279.011, 279.02 or 279.03 and the prosecutor or the accused applies for an order under subsection (1), the judge or justice shall, if no such order is made, state, by reference to the circumstances of the case, the reason for not making an order.
- R.S., 1985, c. C-46, s. 486;
- R.S., 1985, c. 27 (1st Supp.), s. 203, c. 19 (3rd Supp.), s. 14, c. 23 (4th Supp.), s. 1;
- 1992, c. 1, s. 60(F), c. 21, s. 9;
- 1993, c. 45, s. 7;
- 1997, c. 16, s. 6;
- 1999, c. 25, s. 2(Preamble);
- 2001, c. 32, s. 29, c. 41, ss. 16, 34, 133;
- 2002, c. 13, s. 20;
- 2005, c. 32, s. 15, c. 43, ss. 4, 8;
- 2010, c. 3, s. 4;
- 2012, c. 1, s. 28.
Marginal note:Support person — witnesses under 18 or who have a disability
486.1 (1) In any proceedings against an accused, the judge or justice shall, on application of the prosecutor, of a witness who is under the age of eighteen years or of a witness who has a mental or physical disability, order that a support person of the witness’ choice be permitted to be present and to be close to the witness while the witness testifies, unless the judge or justice is of the opinion that the order would interfere with the proper administration of justice.
Marginal note:Other witnesses
(2) In any proceedings against an accused, the judge or justice may, on application of the prosecutor or a witness, order that a support person of the witness’ choice be permitted to be present and to be close to the witness while the witness testifies if the judge or justice is of the opinion that the order is necessary to obtain a full and candid account from the witness of the acts complained of.
(2.1) An application referred to in subsection (1) or (2) may be made, during the proceedings, to the presiding judge or justice or, before the proceedings begin, to the judge or justice who will preside at the proceedings.
Marginal note:Factors to be considered
(3) In making a determination under subsection (2), the judge or justice shall take into account the age of the witness, whether the witness has a mental or physical disability, the nature of the offence, the nature of any relationship between the witness and the accused, and any other circumstance that the judge or justice considers relevant.
Marginal note:Witness not to be a support person
(4) The judge or justice shall not permit a witness to be a support person unless the judge or justice is of the opinion that doing so is necessary for the proper administration of justice.
Marginal note:No communication while testifying
(5) The judge or justice may order that the support person and the witness not communicate with each other while the witness testifies.
Marginal note:No adverse inference
(6) No adverse inference may be drawn from the fact that an order is, or is not, made under this section.
- 2005, c. 32, s. 15.
- Date modified: