An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts (S.C. 2019, c. 25)
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Assented to 2019-06-21
R.S., c. C-46Criminal Code (continued)
Amendments to the Act (continued)
Marginal note:1994, c. 44, s. 84
349 (1) The paragraph of Form 33 of Part XXVIII of the Act after the heading of the Form is replaced by the following:
It is certified that A.B. (has not appeared as required by this recognizance or has not complied with a condition of this recognizance) and that, as a result, the ends of justice have been (defeated or delayed, as the case may be).
Marginal note:1994, c. 44, s. 84
(2) The portion of Form 33 of Part XXVIII of the Act after the paragraph that begins with “The names” and ends with “as follows:” is replaced by the following:
Dated (date)
, at (place).(Signature of judge, provincial court judge, justice, clerk of the court, peace officer or other person)
(Seal, if required)
(3) Form 33 of Part XXVIII of the Act is replaced by the following:
FORM 33(Section 770)Certificate of Default to Be Endorsed
It is certified that A.B. (has not appeared as required by this undertaking, release order or recognizance or has not complied with a condition of this undertaking, release order or recognizance) and that for this reason the ends of justice have been (defeated or delayed, as the case may be).
The nature of the default is
and the reason for the default is (state reason if known).The names and addresses of the principal and sureties are as follows:
Dated (date)
, at (place).(Signature of judge, provincial court judge, justice, clerk of the court, peace officer or other person)(Seal, if required)
350 Form 38 of Part XXVIII of the Act is replaced by the following:
FORM 38(Section 708)Conviction for Contempt
Canada,
Province of ,
(territorial division).
Be it remembered that on (date), at (place) in the (territorial division), E.F. of , in this conviction called the defaulter, is convicted for contempt in that they did not attend before (set out court or justice) to give evidence on the trial of a charge that (state fully offence with which accused was charged), although (duly subpoenaed or bound by recognizance to attend to give evidence, as the case may be) and has not shown any sufficient excuse for their default;
The defaulter is therefore convicted for their default, (set out punishment as authorized and determined in accordance with section 708 of theCriminal Code).
Dated (date), at (place).
(Signature of judge, provincial court judge, justice or clerk of the court)
(Seal, if required)
351 Form 39 of Part XXVIII of the Act is replaced by the following:
FORM 39(Sections 519 and 550)Order for Discharge of a Person in Custody
Canada,
Province of ,
(territorial division).
To the keeper of the (prison) at :
You are directed to release E.F., detained by you under a (warrant of committal or order) dated (date), if E.F. is detained by you for no other cause.
(Signature of judge, justice or clerk of the court)
(Seal, if required)
Marginal note:2005, c. 22, s. 40
352 (1) The portion of Form 48 of Part XXVIII of the Act after the reference to “(territorial division)” and before the first brackets “[ ]” is replaced by the following:
Whereas I have (or if the signatory is the clerk of the court, the judge or justice has) reasonable grounds to believe that evidence of the mental condition of (name of accused), who has been charged with
, may be necessary to determine *Marginal note:2005, c. 22, s. 40
(2) The paragraph of Form 48 of Part XXVIII of the Act that begins with “I hereby order” and ends with “days.” is replaced by the following:
An assessment of the mental condition of (name of accused) is ordered to be conducted by/at (name of person or service by which or place where assessment is to be made) for a period of
days.Marginal note:2005, c. 22, s. 40
(3) The portion of Form 48 of Part XXVIII of the Act after the reference to “* Check applicable option.” is replaced by the following:
Dated (date)
, at (place).(Signature of judge, provincial court judge, justice or clerk of the court)
Marginal note:1991, c. 43, s. 8
353 (1) The paragraph of Form 49 of Part XXVIII of the English version of the Act that begins with “I do” and ends with “of law” is replaced by the following:
You, the keeper (administrator, warden), are therefore directed to receive the accused in your custody in the (prison, hospital or other appropriate place) and to keep the accused safely there until the accused is delivered by due course of law.
Marginal note:1991, c. 43, s. 8
(2) The portion of Form 49 of Part XXVIII of the Act after the reference to “* Check applicable option.” is replaced by the following:
Dated (date)
, at (place).(Signature of judge, provincial court judge, justice, clerk of the court or chairperson of the review board)
Transitional Provisions
Marginal note:Promise to appear
354 A person who is bound by a promise to appear given under the Criminal Code before the day on which subsection 1(3) of this Act comes into force is deemed, on and after that day, to be bound by an appearance notice as defined in section 2 of the Criminal Code, as amended by subsection 1(3) of this Act.
Marginal note:Undertaking given to peace officer or officer in charge
355 A person who is bound by an undertaking given under section 499 or subsection 503(2.1) of the Criminal Code before the day on which subsection 1(3) of this Act comes into force is deemed, on and after that day, to be bound by an undertaking as defined in section 2 of the Criminal Code, as amended by subsection 1(3) of this Act.
Marginal note:Recognizance entered into before peace officer or officer in charge
356 A person who is bound by a recognizance entered into under section 498 or 499 or subsection 503(2) of the Criminal Code before the day on which subsection 1(3) of this Act comes into force is deemed, on and after that day, to be bound by an undertaking as defined in section 2 of the Criminal Code, as amended by subsection 1(3) of this Act.
Marginal note:Undertaking given to judge or justice
357 A person who is bound by an undertaking given under subsection 503(3.1) or section 515, 522, 524, 525, 597, 679, 683, 816 or 832 of the Criminal Code before the day on which subsection 1(3) of this Act comes into force is deemed, on and after that day, to be bound by a release order as defined in section 2 of the Criminal Code, as amended by subsection 1(3) of this Act.
Marginal note:Recognizance entered into before judge or justice
358 A person who is bound by a recognizance entered into under subsection 503(3.1) or section 515, 522, 524, 525, 679, 683, 816 or 832 of the Criminal Code before the day on which subsection 1(3) of this Act comes into force is deemed, on and after that day, to be bound by a release order as defined in section 2 of the Criminal Code, as amended by subsection 1(3) of this Act.
Marginal note:Right to re-elect
359 Any person accused of an offence before the day on which section 254 of this Act comes into force and who finds themselves in one of the cases described in subparagraph 561(1)(b)(i) or subsection 561(2) or 561.1(2) of the Criminal Code, as enacted by this Act, may, if they have not already done so and despite those provisions, elect another mode of trial not later than 14 days before the day first appointed for the trial and they may do so after that time with the written consent of the prosecutor.
- Date modified: