Judicial Referral Hearing
| This page was last substantively updated or reviewed January 2020. (Rev. # 95232) |
- Proceedings Respecting Failure to Comply with Release Conditions
- Judicial referral hearing
523.1 (1) When an accused appears before a justice in any of the circumstances described in subsection (2) [circumstances where referral hearings apply], the justice shall
- (a) if the accused was released from custody under an order made under subsection 522(3) [release of accused on s. 469 offences] by a judge of the superior court of criminal jurisdiction of any province, order that the accused appear before a judge of that court so that the judge may hear the matter; or
- (b) in any other case, hear the matter.
- Circumstances
(2) The circumstances referred to in subsection (1) [power of justice to hear judicial referrals] are the following:
- (a) an appearance notice has been issued to the accused for failing to comply with a summons, appearance notice, undertaking or release order or to attend court as required and the prosecutor seeks a decision under this section; or
- (b) a charge has been laid against the accused for the contravention referred to in paragraph (a) and the prosecutor seeks a decision under this section.
- Powers — Judge or Justice
(3) If the judge or justice who hears the matter is satisfied that the accused failed to comply with a summons, appearance notice, undertaking or release order or to attend court as required and that the failure did not cause a victim physical or emotional harm, property damage or economic loss, the judge or justice shall review any conditions of release that have been imposed on the accused and may, as the case may be,
- (a) take no action;
- (b) cancel any other summons, appearance notice, undertaking or release order in respect of the accused and, as the case may be,
- (i) make a release order under section 515 [judicial interim release provisions], or
- (ii) if the prosecutor shows cause why the detention of the accused in custody is justified under subsection 515(10) [justification for detention in custody], make an order that the accused be detained in custody until the accused is dealt with according to law and if so detained, the judge or justice shall include in the record a statement of the judge’s or justice’s reasons for making the order; or
- (c) remand the accused to custody for the purposes of the Identification of Criminals Act.
- Dismissal of charge
(4) If a charge has been laid against the accused for the failure referred to in paragraph (2)(a) [circumstances where referral hearings apply – charge with failing to comply with conditions[1]] and the judge or justice, as the case may be, makes a decision under subsection (3) [powers of judge or justice in referral hearing[2]], the judge or justice shall also dismiss that charge.
- No information or indictment
(5) If the judge or justice makes a decision under subsection (3) [powers of judge or justice in referral hearing[3]], no information may be laid nor indictment be preferred against the accused for the failure referred to in paragraph (2)(a) [circumstances where referral hearings apply – charge with failing to comply with conditions[4]].
2019, c. 25, s. 234.