Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2015-03-31 and last amended on 2015-03-31. Previous Versions

PART XVICOMPELLING APPEARANCE OF ACCUSED BEFORE A JUSTICE AND INTERIM RELEASE

Interpretation

Marginal note:Definitions

 In this Part,

“accused”

« prévenu »

“accused” includes

  • (a) a person to whom a peace officer has issued an appearance notice under section 496, and

  • (b) a person arrested for a criminal offence;

“appearance notice”

« citation à comparaître »

“appearance notice” means a notice in Form 9 issued by a peace officer;

“judge”

« juge »

“judge” means

  • (a) in the Province of Ontario, a judge of the superior court of criminal jurisdiction of the Province,

  • (b) in the Province of Quebec, a judge of the superior court of criminal jurisdiction of the province or three judges of the Court of Quebec,

  • (c[Repealed, 1992, c. 51, s. 37]

  • (d) in the Provinces of Nova Scotia, New Brunswick, Manitoba, British Columbia, Prince Edward Island, Saskatchewan, Alberta and Newfoundland and Labrador, a judge of the superior court of criminal jurisdiction of the Province,

  • (e) in Yukon and the Northwest Territories, a judge of the Supreme Court, and

  • (f) in Nunavut, a judge of the Nunavut Court of Justice;

“officer in charge”

« fonctionnaire responsable »

“officer in charge” means the officer for the time being in command of the police force responsible for the lock-up or other place to which an accused is taken after arrest or a peace officer designated by him for the purposes of this Part who is in charge of that place at the time an accused is taken to that place to be detained in custody;

“promise to appear”

« promesse de comparaître »

“promise to appear” means a promise in Form 10;

“recognizance”

« engagement »

“recognizance”, when used in relation to a recognizance entered into before an officer in charge, or other peace officer, means a recognizance in Form 11, and when used in relation to a recognizance entered into before a justice or judge, means a recognizance in Form 32;

“summons”

« sommation »

“summons” means a summons in Form 6 issued by a justice or judge;

“undertaking”

« promesse »

“undertaking” means an undertaking in Form 11.1 or 12;

“warrant”

« mandat »

“warrant”, when used in relation to a warrant for the arrest of a person, means a warrant in Form 7 and, when used in relation to a warrant for the committal of a person, means a warrant in Form 8.

  • R.S., 1985, c. C-46, s. 493;
  • R.S., 1985, c. 11 (1st Supp.), s. 2, c. 27 (2nd Supp.), s. 10, c. 40 (4th Supp.), s. 2;
  • 1990, c. 16, s. 5, c. 17, s. 12;
  • 1992, c. 51, s. 37;
  • 1994, c. 44, s. 39;
  • 1999, c. 3, s. 30;
  • 2002, c. 7, s. 143;
  • 2015, c. 3, s. 51.