Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2014-08-05 and last amended on 2014-07-11. Previous Versions

 [Repealed, 1995, c. 22, s. 4]

Jurisdiction

Marginal note:Jurisdiction
  •  (1) Where any judge, court or provincial court judge by whom or which the plea of the accused or defendant to an offence was taken has not commenced to hear evidence, any judge, court or provincial court judge having jurisdiction to try the accused or defendant has jurisdiction for the purpose of the hearing and adjudication.

  • Marginal note:Adjournment

    (2) Any court, judge or provincial court judge having jurisdiction to try an accused or a defendant, or any clerk or other proper officer of the court, or in the case of an offence punishable on summary conviction, any justice, may, at any time before or after the plea of the accused or defendant is taken, adjourn the proceedings.

  • R.S., 1985, c. 27 (1st Supp.), s. 137.
Marginal note:Continuation of proceedings
  •  (1) Subject to this section, where an accused or a defendant is being tried by

    • (a) a judge or provincial court judge,

    • (b) a justice or other person who is, or is a member of, a summary conviction court, or

    • (c) a court composed of a judge and jury,

    as the case may be, and the judge, provincial court judge, justice or other person dies or is for any reason unable to continue, the proceedings may be continued before another judge, provincial court judge, justice or other person, as the case may be, who has jurisdiction to try the accused or defendant.

  • Marginal note:Where adjudication is made

    (2) Where a verdict was rendered by a jury or an adjudication was made by a judge, provincial court judge, justice or other person before whom the trial was commenced, the judge, provincial court judge, justice or other person before whom the proceedings are continued shall, without further election by an accused, impose the punishment or make the order that is authorized by law in the circumstances.

  • Marginal note:If no adjudication made

    (3) Subject to subsections (4) and (5), if the trial was commenced but no adjudication was made or verdict rendered, the judge, provincial court judge, justice or other person before whom the proceedings are continued shall, without further election by an accused, commence the trial again as if no evidence on the merits had been taken.

  • Marginal note:If no adjudication made — jury trials

    (4) If a trial that is before a court composed of a judge and a jury was commenced but no adjudication was made or verdict rendered, the judge before whom the proceedings are continued may, without further election by an accused, continue the trial or commence the trial again as if no evidence on the merits had been taken.

  • Marginal note:Where trial continued

    (5) Where a trial is continued under paragraph (4)(a), any evidence that was adduced before a judge referred to in paragraph (1)(c) is deemed to have been adduced before the judge before whom the trial is continued but, where the prosecutor and the accused so agree, any part of that evidence may be adduced again before the judge before whom the trial is continued.

  • R.S., 1985, c. 27 (1st Supp.), s. 137;
  • 1994, c. 44, s. 65;
  • 2011, c. 16, s. 15.