Repealed Provisions (Part XV)

From Criminal Law Notebook
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See also: List of Criminal Code Amendments


As of 1981, the section read:

440.1(1) The validity of any proceeding before a court, judge, magistrate or justice is not affected by any failure to comply with the provisions of this Act relating to adjournments or remands, and where such failure has occurred and an accused or a defendant does not appear at any such proceeding or upon any adjournment thereof, the court, Judge, magistrate or Justice may issue a summons or, if it or he considers it necessary in the public interest, a warrant for the arrest of the accused or defendant.

(2) Where, in the opinion of the court, judge magistrate or Justice, an accused or a defendant who appears at a proceeding has been misled or prejudiced by reason of any matter referred to in subsection (1), the court, judge, magistrate or justice may adjourn the proceeding and may make such order as it or he considers proper.

(3) The provisions of Part XIV apply mutatis mutandis where a summons or warrant is issued under subsection (1).