Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2013-04-29 and last amended on 2013-03-27. Previous Versions

Marginal note:Proceedings following re-election

  • 562. (1) Where the accused re-elects under paragraph 561(1)(a) before the completion of the preliminary inquiry or under subsection 561(1) after the completion of the preliminary inquiry, the provincial court judge or judge, as the case may be, shall proceed with the trial or appoint a time and place for the trial.

  • Marginal note:Idem

    (2) Where the accused re-elects under paragraph 561(1)(b) before the completion of the preliminary inquiry or under subsection 561(2), the justice shall proceed with the preliminary inquiry.

  • R.S., 1985, c. C-46, s. 562;
  • R.S., 1985, c. 27 (1st Supp.), s. 110.
Marginal note:Proceedings following re-election — Nunavut

  • 562.1 (1) If the accused re-elects under subsection 561.1(1) to be tried by a judge without a jury and does not request a preliminary inquiry under subsection 536.1(3), the judge shall proceed with the trial or appoint a time and place for the trial.

  • Marginal note:Proceedings following re-election — Nunavut

    (2) If the accused re-elects under section 561.1 before the completion of the preliminary inquiry to be tried by a judge without a jury or by a court composed of a judge and jury, and requests a preliminary inquiry under subsection 536.1(3), the justice of the peace or judge shall proceed with the preliminary inquiry.

  • Marginal note:Application to Nunavut

    (3) This section, and not section 562, applies in respect of criminal proceedings in Nunavut.

  • 1999, c. 3, s. 44;
  • 2002, c. 13, s. 39.
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Marginal note:Proceedings on re-election to be tried by provincial court judge without jury

563. Where an accused re-elects under section 561 to be tried by a provincial court judge,

  • (a) the accused shall be tried on the information that was before the justice at the preliminary inquiry, subject to any amendments thereto that may be allowed by the provincial court judge by whom the accused is tried; and

  • (b) the provincial court judge before whom the re-election is made shall endorse on the information a record of the re-election.

  • R.S., 1985, c. C-46, s. 563;
  • R.S., 1985, c. 27 (1st Supp.), s. 110.
Marginal note:Proceedings on re-election to be tried by judge without jury — Nunavut

  • 563.1 (1) If an accused re-elects under section 561.1 to be tried by a judge without a jury and does not request a preliminary inquiry under subsection 536.1(3),

    • (a) the accused shall be tried on the information that was before the justice of the peace or judge at the preliminary inquiry, subject to any amendments that may be allowed by the judge by whom the accused is tried; and

    • (b) the judge before whom the re-election is made shall endorse on the information a record of the re-election.

  • Marginal note:Application to Nunavut

    (2) This section, and not section 563, applies in respect of criminal proceedings in Nunavut.

  • 1999, c. 3, s. 45;
  • 2002, c. 13, s. 40.
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