Marginal note:1994, c. 44, s. 42; 1997, c. 18, s. 55(1) and (2); 1998, c. 7, s. 3; 1999, c. 25, s. 7

• 217 (1) Subsections 503(1) to (2.3) of the Act are replaced by the following:

  Marginal note:Taking before justice

  • 503 (1) Subject to the other provisions of this section, a peace officer who arrests a person with or without warrant and who has not released the person under any other provision under this Part shall, in accordance with the following paragraphs, cause the person to be taken before a justice to be dealt with according to law:

    • (a) if a justice is available within a period of 24 hours after the person has been arrested by the peace officer, the person shall be taken before a justice without unreasonable delay and in any event within that period; and

    • (b) if a justice is not available within a period of 24 hours after the person has been arrested by the peace officer, the person shall be taken before a justice as soon as possible.

  • Marginal note:Re-evaluation of detention

    (1.1) At any time before the expiry of the time referred to in paragraph (1)(a) or (b), a peace officer who is satisfied that the continued detention of the person in custody for an offence that is not listed in section 469 is no longer necessary shall release the person, if

    • (a) the peace officer issues an appearance notice to the person; or

    • (b) the person gives an undertaking to the peace officer.

  • Marginal note:Person delivered or in custody

    (2) Subsections (1) and (1.1) also apply to a peace officer to whom a person is delivered under subsection 494(3) or into whose custody a person is placed under subsection 163.5(3) of the Customs Act, except that the 24-hour period referred to in paragraphs (1)(a) and (b) begins after the person is delivered to the officer.

• Marginal note:R.S., c. 27 (1st Supp.), s. 77

  (2) Paragraph 503(3.1)(a) of the English version of the Act is replaced by the following:

  • (a) without conditions; or

• Marginal note:R.S., c. 27 (1st Supp.), s. 77; 1997, c. 18, s. 55(4)

  (3) Paragraph 503(3.1)(b) of the Act is replaced by the following:

  • (b) on the terms of a release order containing any conditions referred to in paragraphs 515(2)(a) to (e) that the justice considers desirable and to which the prosecutor consents.

• (4) Subsection 503(4) of the Act is replaced by the following:

  • Marginal note:Release of person about to commit indictable offence

    (4) A peace officer having the custody of a person who has been arrested without warrant as a person about to commit an indictable offence shall release that person as soon as practicable after the officer is satisfied that the continued detention of that person is no longer necessary in order to prevent that person from committing an indictable offence.

• (5) The portion of subsection 503(5) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Consequences of non-release

    (5) Despite subsection (4), a peace officer having the custody of a person referred to in that subsection who does not release the person before the expiry of the time prescribed in paragraph (1)(a) or (b) for taking the person before the justice shall be deemed to be acting lawfully and in the execution of the peace officer’s duty for the purposes of

• (6) Paragraph 503(5)(b) of the Act is replaced by the following:

  • (b) any other proceedings, unless in those proceedings it is alleged and established by the person making the allegation that the peace officer did not comply with the requirements of subsection (4).