Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2015-08-30 and last amended on 2015-07-23. Previous Versions

Joinder of Accused in Certain Cases

Marginal note:Accessories after the fact

 Any one who is charged with being an accessory after the fact to any offence may be indicted, whether or not the principal or any other party to the offence has been indicted or convicted or is or is not amenable to justice.

  • R.S., c. C-34, s. 521.
Marginal note:Trial of persons jointly
  •  (1) Any number of persons may be charged in the same indictment with an offence under section 354 or 355.4 or paragraph 356(1)(b), even though

    • (a) the property was had in possession at different times; or

    • (b) the person by whom the property was obtained

      • (i) is not indicted with them, or

      • (ii) is not in custody or is not amenable to justice.

  • Marginal note:Conviction of one or more

    (2) Where, pursuant to subsection (1), two or more persons are charged in the same indictment with an offence referred to in that subsection, any one or more of those persons who separately committed the offence in respect of the property or any part of it may be convicted.

  • R.S., 1985, c. C-46, s. 593;
  • 2010, c. 14, s. 11.

 [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 120]

Proceedings when Person Indicted is at Large

Marginal note:Bench warrant
  •  (1) Where an indictment has been preferred against a person who is at large, and that person does not appear or remain in attendance for his trial, the court before which the accused should have appeared or remained in attendance may issue a warrant in Form 7 for his arrest.

  • Marginal note:Execution

    (2) A warrant issued under subsection (1) may be executed anywhere in Canada.

  • Marginal note:Interim release

    (3) Where an accused is arrested under a warrant issued under subsection (1), a judge of the court that issued the warrant may order that the accused be released on his giving an undertaking that he will do any one or more of the following things as specified in the order, namely,

    • (a) report at times to be stated in the order to a peace officer or other person designated in the order;

    • (b) remain within a territorial jurisdiction specified in the order;

    • (c) notify the peace officer or other person designated under paragraph (a) of any change in his address or his employment or occupation;

    • (d) abstain from communicating with any witness or other person expressly named in the order except in accordance with such conditions specified in the order as the judge deems necessary;

    • (e) where the accused is the holder of a passport, deposit his passport as specified in the order; and

    • (f) comply with such other reasonable conditions specified in the order as the judge considers desirable.

  • Marginal note:Discretion to postpone execution

    (4) A judge who issues a warrant may specify in the warrant the period before which the warrant shall not be executed, to allow the accused to appear voluntarily before a judge having jurisdiction in the territorial division in which the warrant was issued.

  • Marginal note:Deemed execution of warrant

    (5) Where the accused appears voluntarily for the offence in respect of which the accused is charged, the warrant is deemed to be executed.

  • R.S., 1985, c. C-46, s. 597;
  • R.S., 1985, c. 27 (1st Supp.), s. 121;
  • 1997, c. 18, s. 68.