Criminal Code

Marginal note:Election deemed to have been made

• 565 (1) Subject to subsection (1.1), if an accused is ordered to stand trial for an offence that, under this Part, may be tried by a judge without a jury, the accused shall, for the purposes of the provisions of this Part relating to election and re-election, be deemed to have elected to be tried by a court composed of a judge and jury if

  • (a) the accused was ordered to stand trial by a provincial court judge who, pursuant to subsection 555(1), continued the proceedings before him as a preliminary inquiry;

  • (b) the justice, provincial court judge or judge, as the case may be, declined pursuant to section 567 to record the election or re-election of the accused; or

  • (c) the accused does not elect when put to an election under section 536.

• Marginal note:Nunavut

  (1.1) With respect to criminal proceedings in Nunavut, if an accused is ordered to stand trial for an offence that, under this Part, may be tried by a judge without a jury, the accused shall, for the purposes of the provisions of this Part relating to election and re-election, be deemed to have elected to be tried by a court composed of a judge and jury if

  • (a) the accused was ordered to stand trial by a judge who, under subsection 555.1(1), continued the proceedings as a preliminary inquiry;

  • (b) the justice of the peace or judge, as the case may be, declined pursuant to subsection 567.1(1) to record the election or re-election of the accused; or

  • (c) the accused did not elect when put to an election under section 536.1.

• Marginal note:When direct indictment preferred

  (2) If an accused is to be tried after an indictment has been preferred against the accused pursuant to a consent or order given under section 577, the accused is, for the purposes of the provisions of this Part relating to election and re-election, deemed both to have elected to be tried by a court composed of a judge and jury and not to have requested a preliminary inquiry under subsection 536(4) or 536.1(3) and may, with the written consent of the prosecutor, re-elect to be tried by a judge without a jury without a preliminary inquiry.

• Marginal note:Notice of re-election

  (3) Where an accused wishes to re-elect under subsection (2), the accused shall give notice in writing that he wishes to re-elect, together with the written consent of the prosecutor, to a judge or clerk of the court where the indictment has been filed or preferred who shall, on receipt of the notice, notify a judge having jurisdiction or clerk of the court by which the accused wishes to be tried of the accused’s intention to re-elect and send to that judge or clerk the indictment and any promise to appear, undertaking or recognizance given or entered into in accordance with Part XVI, any summons or warrant issued under section 578, or any evidence taken before a coroner, that is in the possession of the first-mentioned judge or clerk.

• Marginal note:Application

  (4) Subsections 561(6) and (7), or subsections 561.1(8) and (9), as the case may be, apply to a re-election made under subsection (3).