Historical Provisions Concerning Arrest Warrants for Accused Persons
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Section 512
On June 16, 1997 s. 512 was amended with S.C. 1997, c. 18, s. 58(1).
Section 512 was substantially re-written by Criminal Law Amendment Act, R.S.C. 1985, c. 27 (1st Supp.).
Section 456.1 was re-enacted as s. 512 under the Criminal Code RSC 1985, c. C-46. It initially read as follows:
- Certain actions not to preclude issue of warrant
512 (1) A justice may, where he has reasonable grounds to believe that it is necessary in the public interest to issue a warrant for the arrest of an accused, issue a warrant under section 507 for the arrest of the accused notwithstanding that
- (a) an appearance notice or a promise to appear or a recognizance entered into before an officer in charge has been confirmed or cancelled under subsection 508(1);
- (b) a summons has previously been issued under subsection 507(4); or
- (c) the accused has been released unconditionally or with the intention of compelling his appearance by way of summons.
- Warrant in default of appearance
(2) Where
- (a) service of a summons is proved and the accused fails to attend court in accordance with the summons,
- (b) an appearance notice or a promise to appear or a recognizance entered into before an officer in charge has been confirmed under subsection 508(1) and the accused fails to attend court in accordance therewith in order to be dealt with according to law, or
- (c) it appears that a summons cannot be served because the accused is evading service,
a justice may issue a warrant for the arrest of the accused.
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Under the Bail Reform Act, R.S.C. 1970, c. 2 (2nd Supp.) section 456.1 was created:
- Certain actions not to preclude issue of warrant
456.1 (1) A justice may, where he has reasonable and probable grounds to believe that it is necessary in the public interest to issue a warrant for the arrest of an accused, issue a warrant under section 455.3 for the arrest of the accused notwithstanding that
- (a) an appearance notice or promise to appear or a recognizance entered into before an officer in charge has been confirmed or cancelled under subsection 455.4(1);
- (b) a summons has previously been issued under subsection 455.3(4); or
- (c) the accused has been released unconditionally or with the intention of compelling his appearance by way of summons.
- Warrant in default of appearance
(2) Where
- (a) service of a summons is proved and the accused fails to attend court in accordance with the summons,
- (b) an appearance notice or promise to appear or a recognizance entered into before an officer in charge has been confirmed under subsection 455.4(1) and the accused fails to attend court in accordance therewith in order to be dealt with according to law, or
- (c) it appears that a summons cannot be served because the accused is evading service,
a justice may issue a warrant for the arrest of the accused.
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Section 524
Criminal Code, R.S.C. 1985, c. C-46 re-enacted s. 458 as s. 524.
Section 458 was amended by the Criminal Law Amendment Act, S.C. 1974-75-76, c. 93.
The passing of the Bail Reform Act, R.S.C. 1970, c. 2 (2nd Supp.) created s. 458:
- Issue of warrant for arrest of accused
458 (1) Where a justice is satisfied that there are reasonable and probable grounds to believe that an accused
- (a) has violated or is about to violate the promise to appear, undertaking or recognizance upon which he has been released, or
- (b) has, after his release from custody on a promise to appear, undertaking or recognizance, committed an indictable offence,
he may issue a warrant for the arrest of the accused.
- Arrest of accused without warrant
(2) Notwithstanding anything in this Act, a peace officer who has reasonable and probable grounds to believe that an accused
- (a) has violated or is about to violate the promise to appear, undertaking or recognizance upon which he has been released, or
- (b) has, after his release from custody on a promise to appear, undertaking or recognizance, committed an indictable offence,
may arrest the accused without warrant.
- Hearing
(3) Where an accused who has been arrested with a warrant issued under subsection (1), or who has been arrested under subsection (2), is taken before a justice, the justice shall
- (a) where the accused was released from custody pursuant to an order made under subsection 457.7(2) by a judge of the superior court of criminal jurisdiction of any province, order that the accused be taken before a judge of that court, or
- (b) in any other case, hear the prosecutor and his witnesses, if any, and the accused and his witnesses, if any.
- Hearing by judge
(4) A judge before whom an accused is taken pursuant to an order of a justice under paragraph (3)(a) shall hear the prosecutor and his witnesses, if any, and the accused and his witnesses, if any, and thereafter may make any order that to him seems proper in the circumstances.
- Powers of justice after hearing
(5) Where the justice before whom an accused described in subsection (3) is taken, other than an accused to whom paragraph (a) of that subsection applies, finds
- (a) that the accused has violated or had been about to violate his promise to appear, undertaking or recognizance, or
(b) that there are reasonable and probable grounds to believe that the accused has, after his release from custody on a promise to appear, undertaking or recognizance, committed an indictable offence, he may cancel the promise to appear, undertaking or recognizance and either (c) order that the accused be released upon his giving an undertaking or entering into a recognizance described in any of paragraphs 457(2)(a) to (d), with such conditions or additional conditions described in subsection 457(4) as the justice considers desirable, or (d) where the prosecutor shows cause why the detention of the accused in custody is justified within the meaning of subsection 457(7), order that the accused be detained in custody until he is dealt with according to law.
- Reasons to be stated for order of detention
(6) Where the justice makes an order under paragraph (5)(d), he shall include in the record a statement of his reasons for making the order, and subsection 457(6) is applicable mutatis mutandis in respect thereof.
- Where justice to order that accused be released
(7) Where the justice does not make a finding under paragraph (5)(a) or (b), he shall order that the accused be released from custody.
- Provisions applicable to proceedings under this section
(8) The provisions of sections 457.2, 457.3 and 457.4 apply mutatis mutandis in respect of any proceedings under this section, except that subsection 457.3(2) does not apply in respect of all accused who is charged with an offence mentioned in section 457.7.
- Certain provisions applicable to order under this section
(9) Section 457.5 applies in respect of any order made under subsection (5) as though the order were an order made by a justice under subsection 457(2) or (5), and section 457.6 applies in respect of any order made under subsection (5) as though the order were an order made by a justice under subsection 457(2).
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