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Criminal Code

Version of section 509 from 2003-01-01 to 2008-05-28:

Marginal note:Summons

  •  (1) A summons issued under this Part shall

    • (a) be directed to the accused;

    • (b) set out briefly the offence in respect of which the accused is charged; and

    • (c) require the accused to attend court at a time and place to be stated therein and to attend thereafter as required by the court in order to be dealt with according to law.

  • Marginal note:Service on individual

    (2) A summons shall be served by a peace officer who shall deliver it personally to the person to whom it is directed or, if that person cannot conveniently be found, shall leave it for him at his latest or usual place of abode with an inmate thereof who appears to be at least sixteen years of age.

  • Marginal note:Proof of service

    (3) Service of a summons may be proved by the oral evidence, given under oath, of the peace officer who served it or by his affidavit made before a justice or other person authorized to administer oaths or to take affidavits.

  • Marginal note:Content of summons

    (4) There shall be set out in every summons the text of subsection 145(4) and section 510.

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

    (5) A summons may require the accused to appear at a time and place stated in it for the purposes of the Identification of Criminals Act, where 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.

  • R.S., 1985, c. C-46, s. 509
  • R.S., 1985, c. 27 (1st Supp.), s. 80
  • 1992, c. 47, s. 71
  • 1996, c. 7, s. 38
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