Criminal Code (R.S.C., 1985, c. C-46)

Election

Marginal note:Duty of judge

• 560 (1) If an accused elects, under section 536 or 536.1, to be tried by a judge without a jury, a judge having jurisdiction shall

  • (a) on receiving a written notice from the sheriff or other person having custody of the accused stating that the accused is in custody and setting out the nature of the charge against him, or

  • (b) on being notified by the clerk of the court that the accused is not in custody and of the nature of the charge against him,

  fix a time and place for the trial of the accused.

• Marginal note:Notice by sheriff, when given

  (2) The sheriff or other person having custody of the accused shall give the notice mentioned in paragraph (1)(a) within twenty-four hours after the accused is ordered to stand trial, if the accused is in custody pursuant to that order or if, at the time of the order, he is in custody for any other reason.

• Marginal note:Duty of sheriff when date set for trial

  (3) Where, pursuant to subsection (1), a time and place is fixed for the trial of an accused who is in custody, the accused

  • (a) shall be notified forthwith by the sheriff or other person having custody of the accused of the time and place so fixed; and

  • (b) shall be produced at the time and place so fixed.

• Marginal note:Duty of accused when not in custody

  (4) Where an accused is not in custody, the duty of ascertaining from the clerk of the court the time and place fixed for the trial, pursuant to subsection (1), is on the accused, and he shall attend for his trial at the time and place so fixed.

• (5) [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 109]

Marginal note:Right to re-elect

• 561 (1) An accused who elects or is deemed to have elected a mode of trial other than trial by a provincial court judge may re-elect,

  • (a) if the accused is charged with an offence for which a preliminary inquiry has been requested under subsection 536(4),

    • (i) at any time before or after the completion of the preliminary inquiry, with the written consent of the prosecutor, to be tried by a provincial court judge,

    • (ii) at any time before the completion of the preliminary inquiry or before the 60th day following the completion of the preliminary inquiry, as of right, another mode of trial other than trial by a provincial court judge, and

    • (iii) on or after the 60th day following the completion of the preliminary inquiry, any mode of trial with the written consent of the prosecutor; or

  • (b) if the accused is charged with an offence for which they are not entitled to request a preliminary inquiry or if they did not request a preliminary inquiry under subsection 536(4),

    • (i) as of right, not later than 60 days before the day first appointed for the trial, another mode of trial other than trial by a provincial court judge, or

    • (ii) any mode of trial with the written consent of the prosecutor.

• Marginal note:Right to re-elect

  (2) An accused who elects to be tried by a provincial court judge may, not later than 60 days before the day first appointed for the trial, re-elect as of right another mode of trial, and may do so after that time with the written consent of the prosecutor.

• Marginal note:Notice of re-election under paragraph (1)(a)

  (3) If an accused intends to re-elect under paragraph (1)(a) before the completion of the preliminary inquiry, they shall give notice in writing of their intention to re-elect, together with the written consent of the prosecutor, if that consent is required, to the justice presiding at the preliminary inquiry who shall on receipt of the notice,

  • (a) in the case of a re-election under subparagraph (1)(a)(ii), put the accused to their re-election in the manner set out in subsection (7); or

  • (b) if the accused intends to re-elect under subparagraph (1)(a)(i) and the justice is not a provincial court judge, notify a provincial court judge or clerk of the court of the accused’s intention to re-elect and send to the provincial court judge or clerk any information, appearance notice, undertaking or release order given by or issued to the accused and any evidence taken before a coroner that is in the possession of the justice.

• Marginal note:Notice of re-election under paragraph (1)(b) or subsection (2)

  (4) If an accused intends to re-elect under paragraph (1)(b) or subsection (2), they shall give notice in writing that they intend to re-elect together with the written consent of the prosecutor, if that consent is required, to the provincial court judge before whom the accused appeared and pleaded or to a clerk of the court.

• Marginal note:Notice and transmitting record

  (5) If an accused intends to re-elect under paragraph (1)(a) after the completion of the preliminary inquiry, they shall give notice in writing, together with the written consent of the prosecutor, if that consent is required, to a judge or clerk of the court of the accused’s original election. The judge or clerk shall, on receipt of the notice,

  • (a) notify the judge or provincial court judge or clerk of the court by which the accused wishes to be tried of the accused’s intention to re-elect; and

  • (b) send to that judge or provincial court judge or clerk any information, evidence, exhibits and statement of the accused taken down in writing in accordance with section 541, any appearance notice, undertaking or release order given by or issued to the accused and any evidence taken before a coroner that is in the possession of the first-mentioned judge or clerk.

• Marginal note:Time and place for re-election

  (6) Where a provincial court judge or judge or clerk of the court is notified under paragraph (3)(b) or subsection (4) or (5) that the accused wishes to re-elect, the provincial court judge or judge shall forthwith appoint a time and place for the accused to re-elect and shall cause notice thereof to be given to the accused and the prosecutor.

• Marginal note:Proceedings on re-election

  (7) The accused shall attend or, if in custody, shall be produced at the time and place appointed under subsection (6) and shall be put to a re-election after

  • (a) the charge on which the accused has been ordered to stand trial or the indictment, if an indictment has been preferred under section 566, 574 or 577 or is filed with the court before which the indictment is to be preferred under section 577, has been read to the accused; or

  • (b) the information, in the case of a re-election under paragraph (1)(a), before the completion of the preliminary inquiry, or under paragraph (1)(b) or subsection (2), has been read to the accused.

  The accused shall be put to their re-election in the following words or in words to the like effect:

  You have given notice of your intention to re-elect the mode of your trial. You now have the option to do so. How do you intend to re-elect?

Marginal note:Right to re-elect with consent — Nunavut

• 561.1 (1) An accused who has elected or is deemed to have elected a mode of trial may re-elect any other mode of trial at any time with the written consent of the prosecutor.

• Marginal note:Right to re-elect before trial — Nunavut

  (2) An accused who has elected or is deemed to have elected a mode of trial but has not requested a preliminary inquiry under subsection 536.1(3) or is not entitled to make such a request under that subsection may, as of right, re-elect to be tried by any other mode of trial at any time up to 60 days before the day first appointed for the trial.

• Marginal note:Right to re-elect at preliminary inquiry — Nunavut

  (3) An accused who has elected or is deemed to have elected a mode of trial and has requested a preliminary inquiry under subsection 536.1(3) may, as of right, re-elect to be tried by the other mode of trial at any time before the completion of the preliminary inquiry or before the 60th day after its completion.

• Marginal note:Notice of re-election under subsection (1) or (3) — Nunavut

  (4) If an accused wishes to re-elect under subsection (1) or (3), before the completion of the preliminary inquiry, the accused shall give notice in writing of the wish to re-elect, together with the written consent of the prosecutor, if that consent is required, to the justice of the peace or judge presiding at the preliminary inquiry who shall on receipt of the notice put the accused to a re-election in the manner set out in subsection (9).

• Marginal note:Notice at preliminary inquiry — Nunavut

  (5) If at a preliminary inquiry an accused intends to re-elect under subsection (1) or (3) to be tried by a judge without a jury but does not intend to request a preliminary inquiry under subsection 536.1(3), the presiding justice of the peace shall notify a judge or a clerk of the Nunavut Court of Justice of the accused’s intention to re-elect and send to the judge or clerk any information, appearance notice, undertaking or release order given by or issued to the accused and any evidence taken before a coroner that is in the possession of the justice of the peace.

• Marginal note:Notice when no preliminary inquiry or preliminary inquiry completed — Nunavut

  (6) If an accused who has not requested a preliminary inquiry under subsection 536.1(3), who has had one or who was not entitled to make such a request under that subsection intends to re-elect under this section, the accused shall give notice in writing of the intention to re-elect together with the written consent of the prosecutor, if that consent is required, to the judge before whom the accused appeared and pleaded or to a clerk of the Nunavut Court of Justice.

• (7) [Repealed, 2002, c. 13, s. 38]

• Marginal note:Time and place for re-election — Nunavut

  (8) On receipt of a notice given under any of subsections (4) to (7) that the accused wishes to re-elect, a judge shall immediately appoint a time and place for the accused to re-elect and shall cause notice of the time and place to be given to the accused and the prosecutor.

• Marginal note:Proceedings on re-election — Nunavut

  (9) The accused shall attend or, if in custody, shall be produced at the time and place appointed under subsection (8) and shall be put to a re-election after

  • (a) the charge on which the accused has been ordered to stand trial has been read to the accused or, if an indictment has been preferred under section 566, 574 or 577 or is filed with the court before which the indictment is to be preferred under section 577, the indictment has been read to the accused; or

  • (b) the information — in the case of a re-election under subsection (1) or (3), before the completion of the preliminary inquiry, or under subsection (2) — has been read to the accused.

  The accused shall be put to their re-election in the following words or in words to the like effect:

  You have given notice of your intention to re-elect the mode of your trial. You now have the option to do so. How do you intend to re-elect?

• Marginal note:Application to Nunavut

  (10) This section, and not section 561, applies in respect of criminal proceedings in Nunavut.