Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2015-03-24 and last amended on 2015-03-09. Previous Versions

Review of Detention where Trial Delayed

Marginal note:Time for application to judge
  •  (1) Where an accused who has been charged with an offence other than an offence listed in section 469 and who is not required to be detained in custody in respect of any other matter is being detained in custody pending his trial for that offence and the trial has not commenced

    • (a) in the case of an indictable offence, within ninety days from

      • (i) the day on which the accused was taken before a justice under section 503, or

      • (ii) where an order that the accused be detained in custody has been made under section 521 or 524, or a decision has been made with respect to a review under section 520, the later of the day on which the accused was taken into custody under that order and the day of the decision, or

    • (b) in the case of an offence for which the accused is being prosecuted in proceedings by way of summary conviction, within thirty days from

      • (i) the day on which the accused was taken before a justice under subsection 503(1), or

      • (ii) where an order that the accused be detained in custody has been made under section 521 or 524, or a decision has been made with respect to a review under section 520, the later of the day on which the accused was taken into custody under that order and the day of the decision,

    the person having the custody of the accused shall, forthwith on the expiration of those ninety or thirty days, as the case may be, apply to a judge having jurisdiction in the place in which the accused is in custody to fix a date for a hearing to determine whether or not the accused should be released from custody.

  • Marginal note:Notice of hearing

    (2) On receiving an application under subsection (1), the judge shall

    • (a) fix a date for the hearing described in subsection (1) to be held in the jurisdiction

      • (i) where the accused is in custody, or

      • (ii) where the trial is to take place; and

    • (b) direct that notice of the hearing be given to such persons, including the prosecutor and the accused, and in such manner as the judge may specify.

  • Marginal note:Matters to be considered on hearing

    (3) On the hearing described in subsection (1), the judge may, in deciding whether or not the accused should be released from custody, take into consideration whether the prosecutor or the accused has been responsible for any unreasonable delay in the trial of the charge.

  • Marginal note:Order

    (4) If, following the hearing described in subsection (1), the judge is not satisfied that the continued detention of the accused in custody is justified within the meaning of subsection 515(10), the judge shall order that the accused be released from custody pending the trial of the charge on his giving an undertaking or entering into a recognizance described in any of paragraphs 515(2)(a) to (e) with such conditions described in subsection 515(4) as the judge considers desirable.

  • Marginal note:Warrant of judge for arrest

    (5) Where a judge having jurisdiction in the province where an order under subsection (4) for the release of an accused has been made is satisfied that there are reasonable grounds to believe that the accused

    • (a) has contravened or is about to contravene the undertaking or recognizance on which he has been released, or

    • (b) has, after his release from custody on his undertaking or recognizance, committed an indictable offence,

    he may issue a warrant for the arrest of the accused.

  • Marginal note:Arrest without warrant by peace officer

    (6) Notwithstanding anything in this Act, a peace officer who believes on reasonable grounds that an accused who has been released from custody under subsection (4)

    • (a) has contravened or is about to contravene the undertaking or recognizance on which he has been released, or

    • (b) has, after his release from custody on his undertaking or recognizance, committed an indictable offence,

    may arrest the accused without warrant and take him or cause him to be taken before a judge having jurisdiction in the province where the order for his release was made.

  • Marginal note:Hearing and order

    (7) A judge before whom an accused is taken pursuant to a warrant issued under subsection (5) or pursuant to subsection (6) may, where the accused shows cause why his detention in custody is not justified within the meaning of subsection 515(10), order that the accused be released on his giving an undertaking or entering into a recognizance described in any of paragraphs 515(2)(a) to (e) with such conditions, described in subsection 515(4), as the judge considers desirable.

  • Marginal note:Provisions applicable to proceedings

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

  • Marginal note:Directions for expediting trial

    (9) Where an accused is before a judge under any of the provisions of this section, the judge may give directions for expediting the trial of the accused.

  • R.S., 1985, c. C-46, s. 525;
  • R.S., 1985, c. 27 (1st Supp.), s. 90;
  • 1994, c. 44, s. 49;
  • 1997, c. 18, s. 61.