Criminal Code

Marginal note:Duty of judge

• 560 (1) If an accused elects, under section 536 or 536.1 to have a preliminary inquiry and to be tried by a judge without a jury, a judge having jurisdiction shall,

  • (a) on receiving a written notice from the sheriff or other person having custody of the accused stating that the accused is in custody and setting out the nature of the charge against him, or

  • (b) on being notified by the clerk of the court that the accused is not in custody and of the nature of the charge against him,

  fix a time and place for the trial of the accused.

• Marginal note:Notice by sheriff, when given

  (2) The sheriff or other person having custody of the accused shall give the notice mentioned in paragraph (1)(a) within twenty-four hours after the accused is ordered to stand trial, if the accused is in custody pursuant to that order or if, at the time of the order, he is in custody for any other reason.

• Marginal note:Duty of sheriff when date set for trial

  (3) Where, pursuant to subsection (1), a time and place is fixed for the trial of an accused who is in custody, the accused

  • (a) shall be notified forthwith by the sheriff or other person having custody of the accused of the time and place so fixed; and

  • (b) shall be produced at the time and place so fixed.

• Marginal note:Duty of accused when not in custody

  (4) Where an accused is not in custody, the duty of ascertaining from the clerk of the court the time and place fixed for the trial, pursuant to subsection (1), is on the accused, and he shall attend for his trial at the time and place so fixed.

• (5) [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 109]