Criminal Code
Marginal note:Definitions
493 In this Part,
- accused
accused includes
(a) a person to whom a peace officer has issued an appearance notice under section 496, and
(b) a person arrested for a criminal offence; (prévenu)
- appearance notice
appearance notice means a notice in Form 9 issued by a peace officer; (citation à comparaître)
- judge
judge means
(a) in the Province of Ontario, a judge of the superior court of criminal jurisdiction of the Province,
(b) in the Province of Quebec, a judge of the superior court of criminal jurisdiction of the province or three judges of the Court of Quebec,
(c) [Repealed, 1992, c. 51, s. 37]
(d) in the Provinces of Nova Scotia, New Brunswick, Manitoba, British Columbia, Prince Edward Island, Saskatchewan, Alberta and Newfoundland and Labrador, a judge of the superior court of criminal jurisdiction of the Province,
(e) in Yukon and the Northwest Territories, a judge of the Supreme Court, and
(f) in Nunavut, a judge of the Nunavut Court of Justice; (juge)
- officer in charge
officer in charge means the officer for the time being in command of the police force responsible for the lock-up or other place to which an accused is taken after arrest or a peace officer designated by him for the purposes of this Part who is in charge of that place at the time an accused is taken to that place to be detained in custody; (fonctionnaire responsable)
- promise to appear
promise to appear means a promise in Form 10; (promesse de comparaître)
- recognizance
recognizance, when used in relation to a recognizance entered into before an officer in charge, or other peace officer, means a recognizance in Form 11, and when used in relation to a recognizance entered into before a justice or judge, means a recognizance in Form 32; (engagement)
- summons
summons means a summons in Form 6 issued by a justice or judge; (sommation)
- undertaking
undertaking means an undertaking in Form 11.1 or 12; (promesse)
- warrant
warrant, when used in relation to a warrant for the arrest of a person, means a warrant in Form 7 and, when used in relation to a warrant for the committal of a person, means a warrant in Form 8. (mandat)
- R.S., 1985, c. C-46, s. 493
- R.S., 1985, c. 11 (1st Supp.), s. 2, c. 27 (2nd Supp.), s. 10, c. 40 (4th Supp.), s. 2
- 1990, c. 16, s. 5, c. 17, s. 12
- 1992, c. 51, s. 37
- 1994, c. 44, s. 39
- 1999, c. 3, s. 30
- 2002, c. 7, s. 143
- 2015, c. 3, s. 51
- Date modified: