Criminal Code

Marginal note:Justice to hear informant and witnesses

• 508 (1) A justice who receives an information laid before him under section 505 shall

  • (a) hear and consider, ex parte,

    • (i) the allegations of the informant, and

    • (ii) the evidence of witnesses, where he considers it desirable or necessary to do so;

  • (b) where he considers that a case for so doing is made out, whether the information relates to the offence alleged in the appearance notice, promise to appear or recognizance or to an included or other offence,

    • (i) confirm the appearance notice, promise to appear or recognizance, as the case may be, and endorse the information accordingly, or

    • (ii) cancel the appearance notice, promise to appear or recognizance, as the case may be, and issue, in accordance with section 507, either a summons or a warrant for the arrest of the accused to compel the accused to attend before him or some other justice for the same territorial division to answer to a charge of an offence and endorse on the summons or warrant that the appearance notice, promise to appear or recognizance, as the case may be, has been cancelled; and

  • (c) where he considers that a case is not made out for the purposes of paragraph (b), cancel the appearance notice, promise to appear or recognizance, as the case may be, and cause the accused to be notified forthwith of the cancellation.

• Marginal note:Procedure when witnesses attend

  (2) A justice who hears the evidence of a witness pursuant to subsection (1) shall

  • (a) take the evidence on oath; and

  • (b) cause the evidence to be taken in accordance with section 540 in so far as that section is capable of being applied.