Criminal Code

Marginal note:Adjournment

• 803 (1) The summary conviction court may, in its discretion, before or during the trial, adjourn the trial to a time and place to be appointed and stated in the presence of the parties or their counsel or agents.

• Marginal note:Non-appearance of defendant

  (2) Where a defendant does not appear at the time and place appointed for the trial after having been notified of that time and place, or where a defendant does not appear for the resumption of a trial that has been adjourned in accordance with subsection (1), the summary conviction court

  • (a) may proceed ex parte to hear and determine the proceedings in the absence of the defendant as fully and effectually as if the defendant had appeared; or

  • (b) may, if it thinks fit, issue a warrant in Form 7 for the arrest of the defendant and adjourn the trial to await his appearance pursuant thereto.

• Marginal note:Consent of Attorney General required

  (3) Where, at the trial of a defendant, the summary conviction court proceeds in the manner described in paragraph (2)(a), no proceedings under section 145 arising out of the failure of the defendant to appear at the time and place appointed for the trial or for the resumption of the trial shall be instituted or if instituted shall be proceeded with, except with the consent of the Attorney General.

• Marginal note:Non-appearance of prosecutor

  (4) Where the prosecutor does not appear at the time and place appointed for the resumption of an adjourned trial, the summary conviction court may dismiss the information with or without costs.

• (5) to (8) [Repealed, 1991, c. 43, s. 9]