Compelling Attendance by Accused Without Arrest: Difference between revisions

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==Grounds to Issue an Appearance Notice Without an Arrest==
==Grounds to Issue an Appearance Notice Without an Arrest==
Section 496 concerns the issuing of an appearance notice without arrest:
Section 497 concerns the issuing of an appearance notice without arrest:
{{quotation|
{{quotation|
; Appearance notice for judicial referral hearing
; Issue of appearance notice by peace officer
496 If a peace officer has reasonable grounds to believe that a person has 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 peace officer may, without laying a charge, issue an appearance notice to the person to appear at a judicial referral hearing under section 523.1.
497 If, by virtue of subsection 495(2), a peace officer does not arrest a person, they may issue an appearance notice to the person if the offence is
:(a) an indictable offence mentioned in section 553;
:(b) an offence for which the person may be prosecuted by indictment or for which they are punishable on summary conviction; or
:(c) an offence punishable on summary conviction.
 
<br>{{Annotation}}
<br>{{Annotation}}
|[{{CCCSec|496}} CCC]
|[{{CCCSec|496}} CCC]
}}
}}{{C75-fix}}


Where an officer provides an appearance notice, the notice must be confirmed under s. 505 and 508.
Where an officer provides an appearance notice, the notice must be confirmed under s. 505 and 508.