Criminal Code

Marginal note:Recognizance of prosecutor

• 817 (1) The prosecutor in proceedings before a summary conviction court by whom an appeal is taken under section 813 shall, immediately after filing the notice of appeal and proof of service of the notice in accordance with section 815, appear before a justice, and the justice shall, after giving the prosecutor and the respondent a reasonable opportunity to be heard, order that the prosecutor enter into a recognizance, with or without sureties, in the amount that the justice directs and with or without the deposit of money or other valuable security that the justice directs.

• Marginal note:Condition

  (2) The condition of a recognizance entered into under this section is that the prosecutor will appear personally or by counsel at the sittings of the appeal court at which the appeal is to be heard.

• Marginal note:Appeals by Attorney General

  (3) This section does not apply in respect of an appeal taken by the Attorney General or by counsel acting on behalf of the Attorney General.

• (4) [Repealed, 2019, c. 25, s. 324]