Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2015-03-31 and last amended on 2015-03-31. Previous Versions

 [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 113]

Marginal note:Indictment
  •  (1) Except as provided in this Act, no indictment shall be preferred.

  • Marginal note:Criminal information and bill of indictment

    (2) No criminal information shall be laid or granted and no bill of indictment shall be preferred before a grand jury.

  • Marginal note:Coroner’s inquisition

    (3) No person shall be tried on a coroner’s inquisition.

  • R.S., 1985, c. C-46, s. 576;
  • R.S., 1985, c. 27 (1st Supp.), s. 114.
Marginal note:Direct indictments

 Despite section 574, an indictment may be preferred even if the accused has not been given the opportunity to request a preliminary inquiry, a preliminary inquiry has been commenced but not concluded or a preliminary inquiry has been held and the accused has been discharged, if

  • (a) in the case of a prosecution conducted by the Attorney General or one in which the Attorney General intervenes, the personal consent in writing of the Attorney General or Deputy Attorney General is filed in court; or

  • (b) in any other case, a judge of the court so orders.

  • R.S., 1985, c. C-46, s. 577;
  • R.S., 1985, c. 27 (1st Supp.), s. 115, c. 1 (4th Supp.), s. 18(F);
  • 2002, c. 13, s. 46.
Marginal note:Summons or warrant
  •  (1) Where notice of the recommencement of proceedings has been given pursuant to subsection 579(2) or an indictment has been filed with the court before which the proceedings are to commence or recommence, the court, if it considers it necessary, may issue

    • (a) a summons addressed to, or

    • (b) a warrant for the arrest of,

    the accused or defendant, as the case may be, to compel him to attend before the court to answer the charge described in the indictment.

  • Marginal note:Part XVI to apply

    (2) The provisions of Part XVI apply with such modifications as the circumstances require where a summons or warrant is issued under subsection (1).

  • R.S., 1985, c. C-46, s. 578;
  • R.S., 1985, c. 27 (1st Supp.), s. 116.
Marginal note:Attorney General may direct stay
  •  (1) The Attorney General or counsel instructed by him for that purpose may, at any time after any proceedings in relation to an accused or a defendant are commenced and before judgment, direct the clerk or other proper officer of the court to make an entry on the record that the proceedings are stayed by his direction, and such entry shall be made forthwith thereafter, whereupon the proceedings shall be stayed accordingly and any recognizance relating to the proceedings is vacated.

  • Marginal note:Recommencement of proceedings

    (2) Proceedings stayed in accordance with subsection (1) may be recommenced, without laying a new information or preferring a new indictment, as the case may be, by the Attorney General or counsel instructed by him for that purpose giving notice of the recommencement to the clerk of the court in which the stay of the proceedings was entered, but where no such notice is given within one year after the entry of the stay of proceedings, or before the expiration of the time within which the proceedings could have been commenced, whichever is the earlier, the proceedings shall be deemed never to have been commenced.

  • R.S., 1985, c. C-46, s. 579;
  • R.S., 1985, c. 27 (1st Supp.), s. 117.