Criminal Code

Marginal note:Right to re-elect

• 561 (1) An accused who elects or is deemed to have elected a mode of trial other than trial by a provincial court judge may re-elect

  • (a) at any time before or after the completion of the preliminary inquiry, with the written consent of the prosecutor, to be tried by a provincial court judge;

  • (b) at any time before the completion of the preliminary inquiry or before the fifteenth day following the completion of the preliminary inquiry, as of right, another mode of trial other than trial by a provincial court judge; and

  • (c) on or after the fifteenth day following the completion of the preliminary inquiry, any mode of trial with the written consent of the prosecutor.

• Marginal note:Idem

  (2) An accused who elects to be tried by a provincial court judge may, not later than fourteen days before the day first appointed for the trial, re-elect as of right another mode of trial, and may do so thereafter with the written consent of the prosecutor.

• Marginal note:Notice

  (3) Where an accused wishes to re-elect under subsection (1) before the completion of the preliminary inquiry, the accused shall give notice in writing that he wishes to re-elect, together with the written consent of the prosecutor, where that consent is required, to the justice presiding at the preliminary inquiry who shall on receipt of the notice,

  • (a) in the case of a re-election under paragraph (1)(b), put the accused to his re-election in the manner set out in subsection (7); or

  • (b) where the accused wishes to re-elect under paragraph (1)(a) and the justice is not a provincial court judge, notify a provincial court judge or clerk of the court of the accused’s intention to re-elect and send to the provincial court judge or clerk the information and any promise to appear, undertaking or recognizance given or entered into in accordance with Part XVI, or any evidence taken before a coroner, that is in the possession of the justice.

• Marginal note:Idem

  (4) Where an accused wishes to re-elect under subsection (2), the accused shall give notice in writing that he wishes to re-elect together with the written consent of the prosecutor, where that consent is required, to the provincial court judge before whom the accused appeared and pleaded or to a clerk of the court.

• Marginal note:Notice and transmitting record

  (5) Where an accused wishes to re-elect under subsection (1) after the completion of the preliminary inquiry, the accused shall give notice in writing that he wishes to re-elect, together with the written consent of the prosecutor, where that consent is required, to a judge or clerk of the court of his original election who shall, on receipt of the notice, notify the judge or provincial court judge or clerk of the court by which the accused wishes to be tried of the accused’s intention to re-elect and send to that judge or provincial court judge or clerk the information, the evidence, the exhibits and the statement, if any, of the accused taken down in writing under section 541 and any promise to appear, undertaking or recognizance given or entered into in accordance with Part XVI, or any evidence taken before a coroner, that is in the possession of the first-mentioned judge or clerk.

• Marginal note:Time and place for re-election

  (6) Where a provincial court judge or judge or clerk of the court is notified under paragraph (3)(b) or subsection (4) or (5) that the accused wishes to re-elect, the provincial court judge or judge shall forthwith appoint a time and place for the accused to re-elect and shall cause notice thereof to be given to the accused and the prosecutor.

• Marginal note:Proceedings on re-election

  (7) The accused shall attend or, if he is in custody, shall be produced at the time and place appointed under subsection (6) and shall, after

  • (a) the charge on which he has been ordered to stand trial or the indictment, where an indictment has been preferred pursuant to section 566, 574 or 577 or is filed with the court before which the indictment is to be preferred pursuant to section 577, or

  • (b) in the case of a re-election under subsection (1) before the completion of the preliminary inquiry or under subsection (2), the information

  has been read to the accused, be put to his re-election in the following words or in words to the like effect:

  You have given notice of your wish to re-elect the mode of your trial. You now have the option to do so. How do you wish to re-elect?