Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2016-06-21 and last amended on 2016-06-17. Previous Versions

FORM 8(Sections 493 and 515)Warrant for Committal

Canada,

Province of ,

(territorial division).

To the peace officers in the said (territorial division) and to the keeper of the (prison) at :

This warrant is issued for the committal of A.B., of , (occupation), hereinafter called the accused.

Whereas the accused has been charged that (set out briefly the offence in respect of which the accused is charged);

And whereas:Footnote *

  • (a) the prosecutor has shown cause why the detention of the accused in custody is justified [515(5)];

  • (b) an order has been made that the accused be released on (giving an undertaking or entering into a recognizance) but the accused has not yet complied with the order [519(1), 520(9), 521(10), 524(12), 525(8)];Footnote **

  • (c) the application by the prosecutor for a review of the order of a justice in respect of the interim release of the accused has been allowed and that order has been vacated, and the prosecutor has shown cause why the detention of the accused in custody is justified [521];

  • (d) the accused has contravened or was about to contravene his (promise to appear or undertaking or recognizance) and the same was cancelled, and the detention of the accused in custody is justified or seems proper in the circumstances [524(4), 524(8)];

  • (e) there are reasonable grounds to believe that the accused has after his release from custody on (a promise to appear or an undertaking or a recognizance) committed an indictable offence and the detention of the accused in custody is justified or seems proper in the circumstances [524(4), 524(8)];

  • (f) the accused has contravened or was about to contravene the (undertaking or recognizance) on which he was released and the detention of the accused in custody seems proper in the circumstances [525(7), 679(6)];

  • (g) there are reasonable grounds to believe that the accused has after his release from custody on (an undertaking or a recognizance) committed an indictable offence and the detention of the accused in custody seems proper in the circumstances [525(7), 679(6)];

  • (h) Footnote ***

This is, therefore, to command you, in Her Majesty’s name, to arrest, if necessary, and take the accused and convey him safely to the (prison) at , and there deliver him to the keeper thereof, with the following precept:

I do hereby command you the said keeper to receive the accused in your custody in the said prison and keep him safely there until he is delivered by due course of law.

Dated this day of A.D. , at .

Judge, Clerk of the Court, Provincial Court Judge or Justice

  • Return to footnote *Initial applicable recital.

  • Return to footnote **If the person having custody of the accused is authorized under paragraph 519(1)(b) to release him on his complying with an order, endorse the authorization on this warrant and attach a copy of the order.

  • Return to footnote ***For any case not covered by recitals (a) to (g), insert recital in the words of the statute authorizing the warrant.

  • R.S., 1985, c. C-46, Form 8;
  • R.S., 1985, c. 27 (1st Supp.), ss. 184, 203.
 
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