Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2014-06-12 and last amended on 2014-06-01. Previous Versions

Marginal note:Release of accused
  •  (1) Where a justice makes an order under subsection 515(1), (2), (7) or (8),

    • (a) if the accused thereupon complies with the order, the justice shall direct that the accused be released

      • (i) forthwith, if the accused is not required to be detained in custody in respect of any other matter, or

      • (ii) as soon thereafter as the accused is no longer required to be detained in custody in respect of any other matter; and

    • (b) if the accused does not thereupon comply with the order, the justice who made the order or another justice having jurisdiction shall issue a warrant for the committal of the accused and may endorse thereon an authorization to the person having the custody of the accused to release the accused when the accused complies with the order

      • (i) forthwith after the compliance, if the accused is not required to be detained in custody in respect of any other matter, or

      • (ii) as soon thereafter as the accused is no longer required to be detained in custody in respect of any other matter

      and if the justice so endorses the warrant, he shall attach to it a copy of the order.

  • Marginal note:Discharge from custody

    (2) Where the accused complies with an order referred to in paragraph (1)(b) and is not required to be detained in custody in respect of any other matter, the justice who made the order or another justice having jurisdiction shall, unless the accused has been or will be released pursuant to an authorization referred to in that paragraph, issue an order for discharge in Form 39.

  • Marginal note:Warrant for committal

    (3) Where the justice makes an order under subsection 515(5) or (6) for the detention of the accused, he shall issue a warrant for the committal of the accused.

  • R.S., 1985, c. C-46, s. 519;
  • R.S., 1985, c. 27 (1st Supp.), s. 85.
Marginal note:Review of order
  •  (1) If a justice, or a judge of the Nunavut Court of Justice, makes an order under subsection 515(2), (5), (6), (7), (8) or (12) or makes or vacates any order under paragraph 523(2)(b), the accused may, at any time before the trial of the charge, apply to a judge for a review of the order.

  • Marginal note:Notice to prosecutor

    (2) An application under this section shall not, unless the prosecutor otherwise consents, be heard by a judge unless the accused has given to the prosecutor at least two clear days notice in writing of the application.

  • Marginal note:Accused to be present

    (3) If the judge so orders or the prosecutor or the accused or his counsel so requests, the accused shall be present at the hearing of an application under this section and, where the accused is in custody, the judge may order, in writing, the person having the custody of the accused to bring him before the court.

  • Marginal note:Adjournment of proceedings

    (4) A judge may, before or at any time during the hearing of an application under this section, on application by the prosecutor or the accused, adjourn the proceedings, but if the accused is in custody no adjournment shall be for more than three clear days except with the consent of the accused.

  • Marginal note:Failure of accused to attend

    (5) Where an accused, other than an accused who is in custody, has been ordered by a judge to be present at the hearing of an application under this section and does not attend the hearing, the judge may issue a warrant for the arrest of the accused.

  • Marginal note:Execution

    (6) A warrant issued under subsection (5) may be executed anywhere in Canada.

  • Marginal note:Evidence and powers of judge on review

    (7) On the hearing of an application under this section, the judge may consider

    • (a) the transcript, if any, of the proceedings heard by the justice and by any judge who previously reviewed the order made by the justice,

    • (b) the exhibits, if any, filed in the proceedings before the justice, and

    • (c) such additional evidence or exhibits as may be tendered by the accused or the prosecutor,

    and shall either

    • (d) dismiss the application, or

    • (e) if the accused shows cause, allow the application, vacate the order previously made by the justice and make any other order provided for in section 515 that he considers is warranted.

  • Marginal note:Limitation of further applications

    (8) Where an application under this section or section 521 has been heard, a further or other application under this section or section 521 shall not be made with respect to that same accused, except with leave of a judge, prior to the expiration of thirty days from the date of the decision of the judge who heard the previous application.

  • Marginal note:Application of sections 517, 518 and 519

    (9) The provisions of sections 517, 518 and 519 apply with such modifications as the circumstances require in respect of an application under this section.

  • R.S., 1985, c. C-46, s. 520;
  • R.S., 1985, c. 27 (1st Supp.), s. 86;
  • 1994, c. 44, s. 46;
  • 1999, c. 3, s. 31.