Criminal Code

Marginal note:Hearing of application

• 754 (1) Where an application under this Part has been made, the court shall hear and determine the application except that no such application shall be heard unless

  • (a) the Attorney General of the province in which the offender was tried has, either before or after the making of the application, consented to the application;

  • (b) at least seven days notice has been given to the offender by the prosecutor, following the making of the application, outlining the basis on which it is intended to found the application; and

  • (c) a copy of the notice has been filed with the clerk of the court or the provincial court judge, as the case may be.

• Marginal note:By court alone

  (2) An application under this Part shall be heard and determined by the court without a jury.

• Marginal note:When proof unnecessary

  (3) For the purposes of an application under this Part, where an offender admits any allegations contained in the notice referred to in paragraph (1)(b), no proof of those allegations is required.

• Marginal note:Proof of consent

  (4) The production of a document purporting to contain any nomination or consent that may be made or given by the Attorney General under this Part and purporting to be signed by the Attorney General is, in the absence of any evidence to the contrary, proof of that nomination or consent without proof of the signature or the official character of the person appearing to have signed the document.