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Criminal Code (R.S.C., 1985, c. C-46)

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Act current to 2019-11-19 and last amended on 2019-09-19. Previous Versions

PART XVICompelling Appearance of Accused Before a Justice and Interim Release

Interpretation

Marginal note:Definitions

 In this Part,

accused

accused includes

  • (a) a person to whom a peace officer has issued an appearance notice under section 496, and

  • (b) a person arrested for a criminal offence; (prévenu)

appearance notice

appearance notice means a notice in Form 9 issued by a peace officer; (citation à comparaître)

judge

judge means

  • (a) in the Province of Ontario, a judge of the superior court of criminal jurisdiction of the Province,

  • (b) in the Province of Quebec, a judge of the superior court of criminal jurisdiction of the province or three judges of the Court of Quebec,

  • (c) [Repealed, 1992, c. 51, s. 37]

  • (d) in the Provinces of Nova Scotia, New Brunswick, Manitoba, British Columbia, Prince Edward Island, Saskatchewan, Alberta and Newfoundland and Labrador, a judge of the superior court of criminal jurisdiction of the Province,

  • (e) in Yukon and the Northwest Territories, a judge of the Supreme Court, and

  • (f) in Nunavut, a judge of the Nunavut Court of Justice; (juge)

officer in charge

officer in charge means the officer for the time being in command of the police force responsible for the lock-up or other place to which an accused is taken after arrest or a peace officer designated by him for the purposes of this Part who is in charge of that place at the time an accused is taken to that place to be detained in custody; (fonctionnaire responsable)

promise to appear

promise to appear means a promise in Form 10; (promesse de comparaître)

recognizance

recognizance, when used in relation to a recognizance entered into before an officer in charge, or other peace officer, means a recognizance in Form 11, and when used in relation to a recognizance entered into before a justice or judge, means a recognizance in Form 32; (engagement)

summons

summons means a summons in Form 6 issued by a justice or judge; (sommation)

undertaking

undertaking means an undertaking in Form 11.1 or 12; (promesse)

warrant

warrant, when used in relation to a warrant for the arrest of a person, means a warrant in Form 7 and, when used in relation to a warrant for the committal of a person, means a warrant in Form 8. (mandat)

  • R.S., 1985, c. C-46, s. 493
  • R.S., 1985, c. 11 (1st Supp.), s. 2, c. 27 (2nd Supp.), s. 10, c. 40 (4th Supp.), s. 2
  • 1990, c. 16, s. 5, c. 17, s. 12
  • 1992, c. 51, s. 37
  • 1994, c. 44, s. 39
  • 1999, c. 3, s. 30
  • 2002, c. 7, s. 143
  • 2015, c. 3, s. 51

Arrest without Warrant and Release from Custody

Marginal note:Arrest without warrant by any person

  •  (1) Any one may arrest without warrant

    • (a) a person whom he finds committing an indictable offence; or

    • (b) a person who, on reasonable grounds, he believes

      • (i) has committed a criminal offence, and

      • (ii) is escaping from and freshly pursued by persons who have lawful authority to arrest that person.

  • Marginal note:Arrest by owner, etc., of property

    (2) The owner or a person in lawful possession of property, or a person authorized by the owner or by a person in lawful possession of property, may arrest a person without a warrant if they find them committing a criminal offence on or in relation to that property and

    • (a) they make the arrest at that time; or

    • (b) they make the arrest within a reasonable time after the offence is committed and they believe on reasonable grounds that it is not feasible in the circumstances for a peace officer to make the arrest.

  • Marginal note:Delivery to peace officer

    (3) Any one other than a peace officer who arrests a person without warrant shall forthwith deliver the person to a peace officer.

  • Marginal note:For greater certainty

    (4) For greater certainty, a person who is authorized to make an arrest under this section is a person who is authorized by law to do so for the purposes of section 25.

  • R.S., 1985, c. C-46, s. 494
  • 2012, c. 9, s. 3

Marginal note:Arrest without warrant by peace officer

  •  (1) A peace officer may arrest without warrant

    • (a) a person who has committed an indictable offence or who, on reasonable grounds, he believes has committed or is about to commit an indictable offence;

    • (b) a person whom he finds committing a criminal offence; or

    • (c) a person in respect of whom he has reasonable grounds to believe that a warrant of arrest or committal, in any form set out in Part XXVIII in relation thereto, is in force within the territorial jurisdiction in which the person is found.

  • Marginal note:Limitation

    (2) A peace officer shall not arrest a person without warrant for

    • (a) an indictable offence mentioned in section 553,

    • (b) an offence for which the person may be prosecuted by indictment or for which he is punishable on summary conviction, or

    • (c) an offence punishable on summary conviction,

    in any case where

    • (d) he believes on reasonable grounds that the public interest, having regard to all the circumstances including the need to

      • (i) establish the identity of the person,

      • (ii) secure or preserve evidence of or relating to the offence, or

      • (iii) prevent the continuation or repetition of the offence or the commission of another offence,

      may be satisfied without so arresting the person, and

    • (e) he has no reasonable grounds to believe that, if he does not so arrest the person, the person will fail to attend court in order to be dealt with according to law.

  • Marginal note:Consequences of arrest without warrant

    (3) Notwithstanding subsection (2), a peace officer acting under subsection (1) is deemed to be acting lawfully and in the execution of his duty for the purposes of

    • (a) any proceedings under this or any other Act of Parliament; and

    • (b) any other proceedings, unless in any such proceedings it is alleged and established by the person making the allegation that the peace officer did not comply with the requirements of subsection (2).

  • R.S., 1985, c. C-46, s. 495
  • R.S., 1985, c. 27 (1st Supp.), s. 75

Marginal note:Issue of appearance notice by peace officer

 Where, by virtue of subsection 495(2), a peace officer does not arrest a person, he may issue an appearance notice to the person if the offence is

  • (a) an indictable offence mentioned in section 553;

  • (b) an offence for which the person may be prosecuted by indictment or for which he is punishable on summary conviction; or

  • (c) an offence punishable on summary conviction.

  • R.S., c. C-34, s. 451
  • R.S., c. 2(2nd Supp.), s. 5

Marginal note:Release from custody by peace officer

  •  (1) Subject to subsection (1.1), if a peace officer arrests a person without warrant for an offence described in paragraph 496(a), (b) or (c), the peace officer shall, as soon as practicable,

    • (a) release the person from custody with the intention of compelling their appearance by way of summons; or

    • (b) issue an appearance notice to the person and then release them.

  • Marginal note:Exception

    (1.1) A peace officer shall not release a person under subsection (1) if the peace officer believes, on reasonable grounds,

    • (a) that it is necessary in the public interest that the person be detained in custody or that the matter of their release from custody be dealt with under another provision of this Part, having regard to all the circumstances including the need to

      • (i) establish the identity of the person,

      • (ii) secure or preserve evidence of or relating to the offence,

      • (iii) prevent the continuation or repetition of the offence or the commission of another offence, or

      • (iv) ensure the safety and security of any victim of or witness to the offence; or

    • (b) that if the person is released from custody, the person will fail to attend court in order to be dealt with according to law.

  • Marginal note:Where subsection (1) does not apply

    (2) Subsection (1) does not apply in respect of a person who has been arrested without warrant by a peace officer for an offence described in subsection 503(3).

  • Marginal note:Consequences of non-release

    (3) A peace officer who has arrested a person without warrant for an offence described in subsection (1) and who does not release the person from custody as soon as practicable in the manner described in that subsection shall be deemed to be acting lawfully and in the execution of the peace officer’s duty for the purposes of

    • (a) any proceedings under this or any other Act of Parliament; and

    • (b) any other proceedings, unless in any such proceedings it is alleged and established by the person making the allegation that the peace officer did not comply with the requirements of subsection (1).

  • R.S., 1985, c. C-46, s. 497
  • 1999, c. 25, s. 3(Preamble)
 
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