Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2015-05-11 and last amended on 2015-04-10. Previous Versions

Trial

Marginal note:Indictment
  •  (1) The trial of an accused for an indictable offence, other than a trial before a provincial court judge, shall be on an indictment in writing setting forth the offence with which he is charged.

  • Marginal note:Preferring indictment

    (2) Where an accused elects under section 536 or re-elects under section 561 to be tried by a judge without a jury, an indictment in Form 4 may be preferred.

  • Marginal note:What counts may be included and who may prefer indictment

    (3) Section 574 and subsection 576(1) apply, with such modifications as the circumstances require, to the preferring of an indictment pursuant to subsection (2).

  • R.S., 1985, c. C-46, s. 566;
  • R.S., 1985, c. 27 (1st Supp.), s. 111;
  • 1997, c. 18, s. 67.
Marginal note:Indictment — Nunavut
  •  (1) The trial of an accused for an indictable offence, other than an indictable offence referred to in section 553 or an offence in respect of which the accused has elected or re-elected to be tried by a judge without a jury and in respect of which no party has requested a preliminary inquiry under subsection 536.1(3), must be on an indictment in writing setting out the offence with which the accused is charged.

  • Marginal note:Preferring indictment — Nunavut

    (2) If an accused elects under section 536.1 or re-elects under section 561.1 to be tried by a judge without a jury and one of the parties requests a preliminary inquiry under subsection 536.1(3), an indictment in Form 4 may be preferred.

  • Marginal note:What counts may be included and who may prefer indictment — Nunavut

    (3) Section 574 and subsection 576(1) apply, with any modifications that the circumstances require, to the preferring of an indictment under subsection (2).

  • Marginal note:Application to Nunavut

    (4) This section, and not section 566, applies in respect of criminal proceedings in Nunavut.

  • 1999, c. 3, s. 47;
  • 2002, c. 13, s. 42.

General

Marginal note:Mode of trial when two or more accused

 Despite any other provision of this Part, if two or more persons are jointly charged in an information, unless all of them elect or re-elect or are deemed to have elected the same mode of trial, the justice, provincial court judge or judge may decline to record any election, re-election or deemed election for trial by a provincial court judge or a judge without a jury.

  • R.S., 1985, c. C-46, s. 567;
  • R.S., 1985, c. 27 (1st Supp.), s. 111;
  • 2002, c. 13, s. 43.
Marginal note:Mode of trial if two or more accused — Nunavut
  •  (1) Despite any other provision of this Part, if two or more persons are jointly charged in an information, unless all of them elect or re-elect or are deemed to have elected the same mode of trial, the justice of the peace or judge may decline to record any election, re-election or deemed election for trial by a judge without a jury.

  • Marginal note:Application to Nunavut

    (2) This section, and not section 567, applies in respect of criminal proceedings in Nunavut.

  • 1999, c. 3, s. 48;
  • 2002, c. 13, s. 43.