Arrest Warrants for Accused Persons: Difference between revisions
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; Certain actions not to preclude issue of warrant | ; Certain actions not to preclude issue of warrant | ||
512. (1) A justice may, where the justice has reasonable and probable grounds to believe that it is necessary in the public interest to issue a summons or a warrant for the arrest of the accused, issue a summons or warrant, notwithstanding that | 512. (1) A justice may, where the justice has reasonable and probable grounds to believe that it is necessary in the public interest to issue a summons or a warrant for the arrest of the accused, issue a summons or warrant, notwithstanding that | ||
:(a) an appearance notice or a promise to appear or a recognizance entered into before an officer in charge or another peace officer has been confirmed or cancelled under subsection 508(1); | :(a) an appearance notice or a promise to appear or a recognizance entered into before an officer in charge or another peace officer has been confirmed or cancelled under subsection 508(1) {{AnnSec5|508(1)}}; | ||
:(b) a summons has previously been issued under subsection 507(4); or | :(b) a summons has previously been issued under subsection 507(4) {{AnnSec5|508(4)}}; or | ||
:(c) the accused has been released unconditionally or with the intention of compelling his appearance by way of summons. | :(c) the accused has been released unconditionally or with the intention of compelling his appearance by way of summons. | ||
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(2) Where | (2) Where | ||
:(a) service of a summons is proved and the accused fails to attend court in accordance with the summons, | :(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 or another peace officer 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 | :(b) an appearance notice or a promise to appear or a recognizance entered into before an officer in charge or another peace officer has been confirmed under subsection 508(1) {{AnnSec5|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, | :(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. | a justice may issue a warrant for the arrest of the accused. | ||
<br> | <br> | ||
R.S., {{LegHistory80s|1985, c. C-46}}, s. 512; R.S., {{LegHistory80s|1985, c. 27 (1st Supp.)}}, s. 82; {{LegHistory90s|1997, c. 18}}, s. 58. | R.S., {{LegHistory80s|1985, c. C-46}}, s. 512; | ||
R.S., {{LegHistory80s|1985, c. 27 (1st Supp.)}}, s. 82; | |||
{{LegHistory90s|1997, c. 18}}, s. 58. | |||
{{Annotation}} | |||
|[{{CCCSec|512}} CCC] | |[{{CCCSec|512}} CCC] | ||
}} | }} | ||
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{{quotation1| | {{quotation1| | ||
; Bench warrant | ; Bench warrant | ||
597. (1) Where an indictment has been preferred against a person who is at large, and that person does not appear or remain in attendance for his trial, the court before which the accused should have appeared or remained in attendance may issue a warrant in Form 7 for his arrest. | 597. (1) Where an indictment has been preferred against a person who is at large, and that person does not appear or remain in attendance for his trial, the court before which the accused should have appeared or remained in attendance may issue a warrant in Form 7 {{AnnSec|Form 7}} for his arrest. | ||
<br> | <br> | ||
; Execution | ; Execution | ||
(2) A warrant issued under subsection (1) may be executed anywhere in Canada. | (2) A warrant issued under subsection (1) {{AnnSec5|597(1)}} may be executed anywhere in Canada. | ||
<br> | <br> | ||
; Interim release | ; Interim release | ||
(3) Where an accused is arrested under a warrant issued under subsection (1), a judge of the court that issued the warrant may order that the accused be released on his giving an undertaking that he will do any one or more of the following things as specified in the order, namely, | (3) Where an accused is arrested under a warrant issued under subsection (1) {{AnnSec5|597(1)}}, a judge of the court that issued the warrant may order that the accused be released on his giving an undertaking that he will do any one or more of the following things as specified in the order, namely, | ||
:(a) report at times to be stated in the order to a peace officer or other person designated in the order; | :(a) report at times to be stated in the order to a peace officer or other person designated in the order; | ||
:(b) remain within a territorial jurisdiction specified in the order; | :(b) remain within a territorial jurisdiction specified in the order; | ||
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(5) Where the accused appears voluntarily for the offence in respect of which the accused is charged, the warrant is deemed to be executed. | (5) Where the accused appears voluntarily for the offence in respect of which the accused is charged, the warrant is deemed to be executed. | ||
<br> | <br> | ||
R.S., {{LegHistory80s|1985, c. C-46}}, s. 597; R.S., {{LegHistory80s|1985, c. 27 (1st Supp.)}}, s. 121; {{LegHistory90s|1997, c. 18}}, s. 68. | R.S., {{LegHistory80s|1985, c. C-46}}, s. 597; | ||
R.S., {{LegHistory80s|1985, c. 27 (1st Supp.)}}, s. 121; | |||
{{LegHistory90s|1997, c. 18}}, s. 68. | |||
{{Annotation}} | |||
|[{{CCCSec|597}} CCC] | |[{{CCCSec|597}} CCC] | ||
}} | }} | ||