Criminal Code

Marginal note:Bench warrant

• 597 (1) Where an indictment has been preferred against a person who is at large, and that person does not appear or remain in attendance for his trial, the court before which the accused should have appeared or remained in attendance may issue a warrant in Form 7 for his arrest.

• Marginal note:Execution

  (2) A warrant issued under subsection (1) may be executed anywhere in Canada.

• Marginal note:Interim release

  (3) Where an accused is arrested under a warrant issued under subsection (1), a judge of the court that issued the warrant may order that the accused be released on his giving an undertaking that he will do any one or more of the following things as specified in the order, namely,

  • (a) report at times to be stated in the order to a peace officer or other person designated in the order;

  • (b) remain within a territorial jurisdiction specified in the order;

  • (c) notify the peace officer or other person designated under paragraph (a) of any change in his address or his employment or occupation;

  • (d) abstain from communicating with any witness or other person expressly named in the order except in accordance with such conditions specified in the order as the judge deems necessary;

  • (e) where the accused is the holder of a passport, deposit his passport as specified in the order; and

  • (f) comply with such other reasonable conditions specified in the order as the judge considers desirable.

• Marginal note:Discretion to postpone execution

  (4) A judge who issues a warrant may specify in the warrant the period before which the warrant shall not be executed, to allow the accused to appear voluntarily before a judge having jurisdiction in the territorial division in which the warrant was issued.

• Marginal note:Deemed execution of warrant

  (5) Where the accused appears voluntarily for the offence in respect of which the accused is charged, the warrant is deemed to be executed.