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Criminal Code (R.S.C., 1985, c. C-46)

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Act current to 2020-01-08 and last amended on 2019-12-18. Previous Versions

PART XVICompelling Appearance of Accused Before a Justice and Interim Release (continued)

Arrest without Warrant and Release from Custody (continued)

Marginal note:Appearance notice for judicial referral hearing

 If a peace officer has reasonable grounds to believe that a person has failed to comply with a summons, appearance notice, undertaking or release order or to attend court as required and that the failure did not cause a victim physical or emotional harm, property damage or economic loss, the peace officer may, without laying a charge, issue an appearance notice to the person to appear at a judicial referral hearing under section 523.1.

  • R.S., 1985, c. C-46, s. 496
  • 2019, c. 25, s. 212

Marginal note:Issue of appearance notice by peace officer

 If, by virtue of subsection 495(2), a peace officer does not arrest a person, they 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 they are punishable on summary conviction; or

  • (c) an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 497
  • 1999, c. 25, s. 3(Preamble)
  • 2019, c. 25, s. 212

Marginal note:Release from custody — arrest without warrant

  •  (1) Subject to subsection (1.1), if a person has been arrested without warrant for an offence, other than one listed in section 469, and has not been taken before a justice or released from custody under any other provision of this Part, a peace officer shall, as soon as practicable, release the person, if

    • (a) the peace officer intends to compel the person’s appearance by way of summons;

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

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

  • Marginal note:Person delivered or detained

    (1.01) Subsection (1) also applies in respect of a person who has been arrested without warrant and delivered to a peace officer under subsection 494(3) or placed in the custody of a peace officer under subsection 163.5(3) of the Customs Act and who is detained in custody for an offence other than one listed in section 469 and who has not been taken before a justice or released from custody under any other provision of this Part.

  • Marginal note:Exception

    (1.1) The peace officer shall not release the person 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:When subsections (1) and (1.01) do not apply

    (2) Subsections (1) and (1.01) do 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 a warrant, or who has been given the custody of a person arrested without a 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 officer’s duty for the purposes of

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

    • (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. 498
  • R.S., 1985, c. 27 (1st Supp.), s. 186
  • 1997, c. 18, s. 52
  • 1998, c. 7, s. 2
  • 1999, c. 25, ss. 4, 30(Preamble)
  • 2019, c. 25, s. 213

Marginal note:Release from custody — arrest with warrant

 If a person who has been arrested with a warrant by a peace officer is taken into custody for an offence other than one listed in section 469 and the warrant has been endorsed by a justice under subsection 507(6), a peace officer may 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.

  • R.S., 1985, c. C-46, s. 499
  • R.S., 1985, c. 27 (1st Supp.), s. 186
  • 1994, c. 44, s. 40
  • 1997, c. 18, s. 53
  • 1999, c. 25, s. 5(Preamble)
  • 2019, c. 25, s. 214

Marginal note:Contents of appearance notice

  •  (1) An appearance notice shall

    • (a) set out the name, date of birth and contact information of the accused;

    • (b) set out the substance of the offence that the accused is alleged to have committed;

    • (c) require the accused to attend court at a time and place to be stated in the notice and to attend afterwards as required by the court; and

    • (d) indicate if the accused is required to appear at a judicial referral hearing under section 523.1 for a failure under section 496.

  • Marginal note:Summary of consequences — failure to appear

    (2) An appearance notice shall set out a summary of subsections 145(3) and (6), section 512.2 and subsection 524(4) and the possible consequences of a failure to appear at a judicial referral hearing under section 523.1.

  • Marginal note:Attendance for purposes of Identification of Criminals Act

    (3) An appearance notice may require the accused to appear at the time and place stated in it for the purposes of the Identification of Criminals Act, if the accused is alleged to have committed an indictable offence and, in the case of an offence designated as a contravention under the Contraventions Act, the Attorney General, within the meaning of that Act, has not made an election under section 50 of that Act.

  • Marginal note:Signature of accused

    (4) An accused shall be requested to sign in duplicate their appearance notice and, whether or not they comply with that request, one of the duplicates shall be given to the accused. If the accused fails or refuses to sign, the lack of their signature does not invalidate the appearance notice.

  • R.S., 1985, c. C-46, s. 500
  • 1999, c. 5, s. 20, c. 25, s. 6(Preamble)
  • 2019, c. 25, s. 215

Marginal note:Contents of undertaking

  •  (1) An undertaking under paragraph 498(1)(c), 499(b) or 503(1.1)(b) must set out

    • (a) the name, date of birth and contact information of the accused;

    • (b) the substance of the offence that the accused is alleged to have committed; and

    • (c) a summary of subsections 145(4) and (6), sections 512 and 512.2 and subsection 524(4).

  • Marginal note:Mandatory conditions

    (2) The undertaking must contain a condition that the accused attend court at the time and place stated in the undertaking and to attend afterwards as required by the court.

  • Marginal note:Additional conditions

    (3) The undertaking may contain one or more of the following conditions, if the condition is reasonable in the circumstances of the offence and necessary, to ensure the accused’s attendance in court or the safety and security of any victim of or witness to the offence, or to prevent the continuation or repetition of the offence or the commission of another offence:

    • (a) report at specified times to the peace officer or other specified person;

    • (b) remain within a specified territorial jurisdiction;

    • (c) notify the peace officer or other specified person of any change in their address, employment or occupation;

    • (d) abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the undertaking, except in accordance with any specified conditions;

    • (e) abstain from going to any specified place or entering any geographic area related to any person referred to in paragraph (d), except in accordance with any specified conditions;

    • (f) deposit all their passports with the peace officer or other specified person;

    • (g) reside at a specified address, be at that address at specified hours and present themselves at the entrance of that residence to a peace officer or other specified person, at the officer’s or specified person’s request during those hours;

    • (h) abstain from possessing a firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, and surrender those that are in their possession to the peace officer or other specified person and also any authorization, licence or registration certificate or other document enabling them to acquire or possess them;

    • (i) promise to pay an amount specified in the undertaking, which shall not be more than $500, if they fail to comply with any condition of the undertaking;

    • (j) deposit, with the peace officer specified in the undertaking, money or other valuable security whose value does not exceed $500 if, at the time of giving the undertaking, the accused is not ordinarily resident in the province or does not ordinarily reside within 200 kilometres of the place in which they are in custody; and

    • (k) comply with any other specified condition for ensuring the safety and security of any victim of or witness to the offence.

  • Marginal note:Attendance for purposes of Identification of Criminals Act

    (4) The undertaking may require the accused to appear at the time and place stated in it for the purposes of the Identification of Criminals Act if the accused is alleged to have committed an indictable offence and, in the case of an offence designated as a contravention under the Contraventions Act, the Attorney General, within the meaning of that Act, has not made an election under section 50 of that Act.

  • Marginal note:Money or other valuable security to be deposited with justice

    (5) If the accused has deposited an amount of money or other valuable security with a peace officer, the officer shall, without delay after the deposit, cause the money or valuable security to be delivered to a justice for deposit with the justice.

  • Marginal note:Signature of accused

    (6) The accused shall be requested to sign in duplicate their undertaking and, whether or not they comply with that request, one of the duplicates shall be given to them. If they fail or refuse to sign, the lack of their signature does not invalidate the undertaking.

  • R.S., 1985, c. C-46, s. 501
  • R.S., 1985, c. 27 (1st Supp.), s. 76
  • 1992, c. 47, s. 69
  • 1994, c. 44, ss. 41, 94
  • 1996, c. 7, s. 38
  • 2008, c. 18, s. 15
  • 2019, c. 25, s. 215
 
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