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Criminal Code

Version of section 816 from 2003-01-01 to 2019-12-17:


Marginal note:Undertaking or recognizance of appellant

  •  (1) A person who was the defendant in proceedings before a summary conviction court and by whom an appeal is taken under section 813 shall, if he is in custody, remain in custody unless the appeal court at which the appeal is to be heard orders that the appellant be released

    • (a) on his giving an undertaking to the appeal court, without conditions or with such conditions as the appeal court directs, to surrender himself into custody in accordance with the order,

    • (b) on his entering into a recognizance without sureties in such amount, with such conditions, if any, as the appeal court directs, but without deposit of money or other valuable security, or

    • (c) on his entering into a recognizance with or without sureties in such amount, with such conditions, if any, as the appeal court directs, and on his depositing with that appeal court such sum of money or other valuable security as the appeal court directs,

    and the person having the custody of the appellant shall, where the appellant complies with the order, forthwith release the appellant.

  • Marginal note:Application of certain provisions of section 525

    (2) The provisions of subsections 525(5), (6) and (7) apply with such modifications as the circumstances require in respect of a person who has been released from custody under subsection (1).

  • R.S., 1985, c. C-46, s. 816
  • R.S., 1985, c. 27 (1st Supp.), s. 181(E)

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