Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2014-04-02 and last amended on 2013-12-12. Previous Versions

Marginal note:Taking evidence

 If an accused is tried by a provincial court judge or a judge of the Nunavut Court of Justice in accordance with this Part, the evidence of witnesses for the prosecutor and the accused must be taken in accordance with the provisions of Part XVIII, other than subsections 540(7) to (9), relating to preliminary inquiries.

  • R.S., 1985, c. C-46, s. 557;
  • R.S., 1985, c. 27 (1st Supp.), s. 203;
  • 1999, c. 3, s. 41;
  • 2002, c. 13, s. 35.

Jurisdiction of Judges

Judge’s Jurisdiction with Consent

Marginal note:Trial by judge without a jury

 If an accused who is charged with an indictable offence, other than an offence mentioned in section 469, elects under section 536 or 536.1 or re-elects under section 561 or 561.1 to be tried by a judge without a jury, the accused shall, subject to this Part, be tried by a judge without a jury.

  • R.S., 1985, c. C-46, s. 558;
  • R.S., 1985, c. 27 (1st Supp.), s. 108;
  • 1999, c. 3, s. 41.
Marginal note:Court of record
  •  (1) A judge who holds a trial under this Part shall, for all purposes thereof and proceedings connected therewith or relating thereto, be a court of record.

  • Marginal note:Custody of records

    (2) The record of a trial that a judge holds under this Part shall be kept in the court over which the judge presides.

  • R.S., c. C-34, s. 489.

Election

Marginal note:Duty of judge
  •  (1) If an accused elects, under section 536 or 536.1, to be tried by a judge without a jury, a judge having jurisdiction shall

    • (a) on receiving a written notice from the sheriff or other person having custody of the accused stating that the accused is in custody and setting out the nature of the charge against him, or

    • (b) on being notified by the clerk of the court that the accused is not in custody and of the nature of the charge against him,

    fix a time and place for the trial of the accused.

  • Marginal note:Notice by sheriff, when given

    (2) The sheriff or other person having custody of the accused shall give the notice mentioned in paragraph (1)(a) within twenty-four hours after the accused is ordered to stand trial, if the accused is in custody pursuant to that order or if, at the time of the order, he is in custody for any other reason.

  • Marginal note:Duty of sheriff when date set for trial

    (3) Where, pursuant to subsection (1), a time and place is fixed for the trial of an accused who is in custody, the accused

    • (a) shall be notified forthwith by the sheriff or other person having custody of the accused of the time and place so fixed; and

    • (b) shall be produced at the time and place so fixed.

  • Marginal note:Duty of accused when not in custody

    (4) Where an accused is not in custody, the duty of ascertaining from the clerk of the court the time and place fixed for the trial, pursuant to subsection (1), is on the accused, and he shall attend for his trial at the time and place so fixed.

  • (5) [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 109]

  • R.S., 1985, c. C-46, s. 560;
  • R.S., 1985, c. 27 (1st Supp.), ss. 101(E), 109;
  • 1999, c. 3, s. 42;
  • 2002, c. 13, s. 36.