Criminal Code

Marginal note:Period for which appearance notice, etc., continues in force

• 523 (1) Subject to subsection (2), if an accused, in respect of an offence with which they are charged, has not been taken into custody or has been released from custody under any provision of this Part, the appearance notice, summons, undertaking or release order issued to, given or entered into by the accused continues in force, subject to its terms, and applies in respect of any new information charging the same offence or an included offence that was received after the appearance notice, summons, undertaking or release order was issued, given or entered into,

  • (a) if the accused is, at their trial, determined to be guilty of an offence listed in section 469, until their trial is completed;

  • (b) if the accused is, at their trial, determined to be guilty of an offence other than an offence listed in section 469, until a sentence within the meaning of section 673 is imposed on the accused; or

  • (c) in any other case, until their trial is completed.

• Marginal note:When new information is received

  (1.1) If an accused is charged with an offence and a new information, charging the same offence or an included offence, is received while the accused is subject to an order for detention, release order, appearance notice, summons or undertaking, section 507 or 508, as the case may be, does not apply in respect of the new information and the order for detention, release order, appearance notice, summons or undertaking applies in respect of the new information.

• Marginal note:When direct indictment preferred

  (1.2) If an accused is charged with an offence, and an indictment is preferred under section 577 charging the same offence or an included offence while the accused is subject to an order for detention, release order, appearance notice, summons or undertaking, the order for detention, release order, appearance notice, summons or undertaking applies in respect of the indictment.

• Marginal note:Order vacating previous order for release or detention

  (2) Despite subsections (1) to (1.2),

  • (a) the court, judge or justice before which or whom an accused who is charged with an offence listed in section 469 is being tried, at any time until the accused’s trial is completed,

  • (a.1) the court, judge or justice before which or whom an accused who is charged with an offence other than an offence listed in section 469 is being tried, at any time until a sentence within the meaning of section 673 is imposed on the accused,

  • (b) the justice, on completion of the preliminary inquiry in relation to an offence for which an accused is ordered to stand trial, other than an offence listed in section 469, or

  • (c) with the consent of the prosecutor and the accused or, if the accused or the prosecutor applies to vacate or vary an order that would otherwise apply under subsection (1.1), without such consent,

    • (i) the court, judge or justice before which or whom an accused is to be tried, at any time,

    • (ii) if the accused is charged with an offence listed in section 469, a judge of or a judge presiding in a superior court of criminal jurisdiction for the province, at any time until the accused’s trial is completed, or

    • (iii) if the accused is charged with an offence other than an offence listed in section 469, the justice by whom an order was made under this Part or any other justice, at any time until a sentence within the meaning of section 673 is imposed on the accused,

    may, on cause being shown, vacate or vary any order previously made under this Part for the interim release or detention of the accused and make any other order provided for in this Part for the detention or release of the accused that the court, judge or justice considers to be warranted.

• Marginal note:Order of detention until sentencing — onus

  (2.1) Despite subsection (2), if the prosecutor brings an application to vacate an order for the interim release of the accused after the accused is, at their trial, determined to be guilty of an offence other than an offence listed in section 469 and before a sentence within the meaning of section 673 is imposed on the accused, the court, judge or justice shall order that the accused be detained in custody unless the accused, having been given a reasonable opportunity to do so, shows cause why their detention in custody is not justified under subsection 515(10) by clearly demonstrating that their proposed release plan addresses the risks posed by the accused as they relate to the grounds referred to in that subsection.

• Marginal note:Application — subsection (2)

  (2.2) For the purposes of subsection (2), if an accused is charged with an offence listed in section 469 but is, at their trial, determined to be guilty of an offence other than an offence listed in section 469, the accused is deemed to have been charged with an offence other than an offence listed in section 469.

• Marginal note:Non-application

  (2.3) For the purposes of subsection (2), subsection 515(2.01) does not apply to an accused referred to in subsection (2.1).

• Marginal note:Provisions applicable to proceedings under subsection (2)

  (3) The provisions of sections 517, 518 and 519 apply, with such modifications as the circumstances require, in respect of any proceedings under subsection (2), except that subsection 518(2) does not apply in respect of an accused who is charged with an offence listed in section 469.