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Criminal Code (R.S.C., 1985, c. C-46)

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Act current to 2020-09-09 and last amended on 2020-07-01. Previous Versions

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

Judicial Interim Release (continued)

Marginal note:Declaration of surety

  •  (1) Before a judge, justice or court names a particular person as a surety, the person shall provide the judge, justice or court with a signed declaration under oath, solemn declaration or solemn affirmation in Form 12 that sets out

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

    • (b) information demonstrating that they are suitable to act as a surety for the accused, including financial information;

    • (c) their relationship to the accused;

    • (d) the name and date of birth of any other accused for whom they act as a surety;

    • (e) their acknowledgment of the charge, and of any other outstanding charges against the accused and the contents of the accused’s criminal record, if any;

    • (f) their acknowledgment of the amount that they are willing to promise to pay or deposit to the court and that may be forfeited if the accused fails to comply with any condition of the release order;

    • (g) their acknowledgment that they understand the role and responsibilities of a surety and that they assume these voluntarily; and

    • (h) a description of the contents of their criminal record and any outstanding charges against them, if any.

  • Marginal note:Exception

    (2) Despite subsection (1), a judge, justice or court may name a person as a surety without a declaration if

    • (a) the prosecutor consents to it; or

    • (b) the judge, justice or court is satisfied that

      • (i) the person cannot reasonably provide a declaration in the circumstances,

      • (ii) the judge, justice or court has received sufficient information of the kind that would be set out in a declaration to evaluate whether the person is suitable to act as a surety for the accused, and

      • (iii) the person has acknowleged that they have received sufficient information with respect to the matters referred to in paragraphs (1)(e) to (g) to accept the role and responsibilities of a surety.

  • Marginal note:Means of telecommunication

    (3) A person may provide the judge, justice or court with the declaration referred to in subsection (1) by a means of telecommunication that produces a writing.

  • 1997, c. 18, s. 60
  • 2019, c. 25, s. 226

Marginal note:Remand in custody

  •  (1) A justice may, before or at any time during the course of any proceedings under section 515, on application by the prosecutor or the accused, adjourn the proceedings and remand the accused to custody in prison by warrant in Form 19, but no adjournment shall be for more than three clear days except with the consent of the accused.

  • Marginal note:Detention pending bail hearing

    (2) A justice who remands an accused to custody under subsection (1) or subsection 515(11) may order that the accused abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order, except in accordance with any conditions specified in the order that the justice considers necessary.

  • Marginal note:Duration of order

    (3) An order made under subsection (2) remains in force,

    • (a) until it is varied or revoked;

    • (b) until an order in respect of the accused is made under section 515;

    • (c) until the accused is acquitted of the offence, if applicable; or

    • (d) until the time the accused is sentenced, if applicable.

  • R.S., 1985, c. C-46, s. 516
  • 1999, c. 5, s. 22, c. 25, s. 31(Preamble)
  • 2019, c. 25, s. 227

Marginal note:Order directing matters not to be published for specified period

  •  (1) If the prosecutor or the accused intends to show cause under section 515, he or she shall so state to the justice and the justice may, and shall on application by the accused, before or at any time during the course of the proceedings under that section, make an order directing that the evidence taken, the information given or the representations made and the reasons, if any, given or to be given by the justice shall not be published in any document, or broadcast or transmitted in any way before such time as

    • (a) if a preliminary inquiry is held, the accused in respect of whom the proceedings are held is discharged; or

    • (b) if the accused in respect of whom the proceedings are held is tried or ordered to stand trial, the trial is ended.

  • Marginal note:Failure to comply

    (2) Every person who fails, without lawful excuse, to comply with an order made under subsection (1) is guilty of an offence punishable on summary conviction.

  • (3) [Repealed, 2005, c. 32, s. 17]

  • R.S., 1985, c. C-46, s. 517
  • R.S., 1985, c. 27 (1st Supp.), s. 101(E)
  • 2005, c. 32, s. 17
  • 2018, c. 29, s. 62

Marginal note:Inquiries to be made by justice and evidence

  •  (1) In any proceedings under section 515,

    • (a) the justice may, subject to paragraph (b), make such inquiries, on oath or otherwise, of and concerning the accused as he considers desirable;

    • (b) the accused shall not be examined by the justice or any other person except counsel for the accused respecting the offence with which the accused is charged, and no inquiry shall be made of the accused respecting that offence by way of cross-examination unless the accused has testified respecting the offence;

    • (c) the prosecutor may, in addition to any other relevant evidence, lead evidence

      • (i) to prove that the accused has previously been convicted of a criminal offence,

      • (ii) to prove that the accused has been charged with and is awaiting trial for another criminal offence,

      • (iii) to prove that the accused has previously committed an offence under section 145, or

      • (iv) to show the circumstances of the alleged offence, particularly as they relate to the probability of conviction of the accused;

    • (d) the justice may take into consideration any relevant matters agreed on by the prosecutor and the accused or his counsel;

    • (d.1) the justice may receive evidence obtained as a result of an interception of a private communication under and within the meaning of Part VI, in writing, orally or in the form of a recording and, for the purposes of this section, subsection 189(5) does not apply to that evidence;

    • (d.2) the justice shall take into consideration any evidence submitted regarding the need to ensure the safety or security of any victim of or witness to an offence; and

    • (e) the justice may receive and base his decision on evidence considered credible or trustworthy by him in the circumstances of each case.

  • Marginal note:Release pending sentence

    (2) Where, before or at any time during the course of any proceedings under section 515, the accused pleads guilty and that plea is accepted, the justice may make any order provided for in this Part for the release of the accused until the accused is sentenced.

  • R.S., 1985, c. C-46, s. 518
  • R.S., 1985, c. 27 (1st Supp.), ss. 84, 185(F)
  • 1994, c. 44, s. 45
  • 1999, c. 25, s. 9(Preamble)

Marginal note:Release of accused

  •  (1) If a justice makes a release order under section 515,

    • (a) if the accused thereupon complies with the order, the justice shall direct that the accused be released

      • (i) forthwith, if the accused is not required to be detained in custody in respect of any other matter, or

      • (ii) as soon thereafter as the accused is no longer required to be detained in custody in respect of any other matter;

    • (b) if the accused does not thereupon comply with the order, the justice who made the order or another justice having jurisdiction shall issue a warrant for the committal of the accused and may endorse thereon an authorization to the person having the custody of the accused to release the accused when the accused complies with the order

      • (i) forthwith after the compliance, if the accused is not required to be detained in custody in respect of any other matter, or

      • (ii) as soon thereafter as the accused is no longer required to be detained in custody in respect of any other matter

      and if the justice so endorses the warrant, he shall attach to it a copy of the order; and

    • (c) any condition in the order that an accused abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order, except in accordance with any specified conditions, is effective from the moment it is made, whether or not the accused has been released from custody.

  • Marginal note:Discharge from custody

    (2) Where the accused complies with an order referred to in paragraph (1)(b) and is not required to be detained in custody in respect of any other matter, the justice who made the order or another justice having jurisdiction shall, unless the accused has been or will be released pursuant to an authorization referred to in that paragraph, issue an order for discharge in Form 39.

  • Marginal note:Warrant for committal

    (3) Where the justice makes an order under subsection 515(5) or (6) for the detention of the accused, he shall issue a warrant for the committal of the accused.

  • R.S., 1985, c. C-46, s. 519
  • R.S., 1985, c. 27 (1st Supp.), s. 85
  • 2019, c. 25, s. 228
 
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