Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2014-12-08 and last amended on 2014-12-06. Previous Versions

Marginal note:Discharge of juror
  •  (1) Where in the course of a trial the judge is satisfied that a juror should not, by reason of illness or other reasonable cause, continue to act, the judge may discharge the juror.

  • Marginal note:Replacement of juror

    (1.1) A judge may select another juror to take the place of a juror who by reason of illness or other reasonable cause cannot continue to act, if the jury has not yet begun to hear evidence, either by drawing a name from a panel of persons who were summoned to act as jurors and who are available at the court at the time of replacing the juror or by using the procedure referred to in section 642.

  • Marginal note:Trial may continue

    (2) Where in the course of a trial a member of the jury dies or is discharged pursuant to subsection (1), the jury shall, unless the judge otherwise directs and if the number of jurors is not reduced below ten, be deemed to remain properly constituted for all purposes of the trial and the trial shall proceed and a verdict may be given accordingly.

  • R.S., 1985, c. C-46, s. 644;
  • 1992, c. 41, s. 6;
  • 1997, c. 18, s. 75.

Trial

Marginal note:Trial continuous
  •  (1) The trial of an accused shall proceed continuously subject to adjournment by the court.

  • Marginal note:Adjournment

    (2) A judge may adjourn a trial from time to time in the same sittings.

  • Marginal note:Formal adjournment unnecessary

    (3) For the purpose of subsection (2), no formal adjournment of trial or entry thereof is required.

  • Marginal note:Questions reserved for decision

    (4) A judge, in any case tried without a jury, may reserve final decision on any question raised at the trial, or any matter raised further to a pre-hearing conference, and the decision, when given, shall be deemed to have been given at the trial.

  • Marginal note:Questions reserved for decision in a trial with a jury

    (5) In any case to be tried with a jury, the judge before whom an accused is or is to be tried has jurisdiction, before any juror on a panel of jurors is called pursuant to subsection 631(3) or (3.1) and in the absence of any such juror, to deal with any matter that would ordinarily or necessarily be dealt with in the absence of the jury after it has been sworn.

  • R.S., 1985, c. C-46, s. 645;
  • R.S., 1985, c. 27 (1st Supp.), s. 133;
  • 1997, c. 18, s. 76;
  • 2001, c. 32, s. 43.
Marginal note:Taking evidence

 On the trial of an accused for an indictable offence, the evidence of the witnesses for the prosecutor and the accused and the addresses of the prosecutor and the accused or counsel for the accused by way of summing up shall be taken in accordance with the provisions of Part XVIII, other than subsections 540(7) to (9), relating to the taking of evidence at preliminary inquiries.

  • R.S., 1985, c. C-46, s. 646;
  • 2002, c. 13, s. 59.