Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2016-06-06 and last amended on 2015-07-23. Previous Versions

FORM 6(Sections 493, 508 and 512)Summons to a Person Charged with an Offence

Canada,

Province of ,

(territorial division).

To A.B., of , (occupation):

Whereas you have this day been charged before me that (set out briefly the offence in respect of which the accused is charged);

This is therefore to command you, in Her Majesty’s name:

  • (a) to attend court on , the day of A.D. , at o’clock in the noon, at or before any justice for the said (territorial division) who is there, and to attend thereafter as required by the court, in order to be dealt with according to law; and

  • (b) to appear on , the day of A.D. , at o’clock in the noon, at , for the purposes of the Identification of Criminals Act. (Ignore, if not filled in).

You are warned that failure without lawful excuse to attend court in accordance with this summons is an offence under subsection 145(4) of the Criminal Code.

Subsection 145(4) of the Criminal Code states as follows:

  • “(4) Every one who is served with a summons and who fails, without lawful excuse, the proof of which lies on him, to appear at a time and place stated therein, if any, for the purposes of the Identification of Criminals Act or to attend court in accordance therewith, is guilty of

    • (a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or

    • (b) an offence punishable on summary conviction.”

Section 510 of the Criminal Code states as follows:

  • “510 Where an accused who is required by a summons to appear at a time and place stated therein for the purposes of the Identification of Criminals Act does not appear at that time and place, a justice may issue a warrant for the arrest of the accused for the offence with which he is charged.”

Dated this day of . A.D. , at .

A Justice of the Peace in and for or Judge

  • R.S., 1985, c. C-46, Form 6;
  • R.S., 1985, c. 27 (1st Supp.), s.184.
 
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