Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2012-05-02 and last amended on 2012-04-05. Previous Versions

Marginal note:Attorney General may require trial by jury

568. Even if an accused elects under section 536 or re-elects under section 561 or subsection 565(2) to be tried by a judge or provincial court judge, as the case may be, the Attorney General may require the accused to be tried by a court composed of a judge and jury unless the alleged offence is one that is punishable with imprisonment for five years or less. If the Attorney General so requires, a judge or provincial court judge has no jurisdiction to try the accused under this Part and a preliminary inquiry must be held if requested under subsection 536(4), unless one has already been held or the re-election was made under subsection 565(2).

  • R.S., 1985, c. C-46, s. 568;
  • R.S., 1985, c. 27 (1st Supp.), s. 111;
  • 2002, c. 13, s. 43;
  • 2008, c. 18, s. 24.
Previous Version
Marginal note:Attorney General may require trial by jury — Nunavut

  • 569. (1) Even if an accused elects under section 536.1 or re-elects under section 561.1 or subsection 565(2) to be tried by a judge without a jury, the Attorney General may require the accused to be tried by a court composed of a judge and jury unless the alleged offence is one that is punishable with imprisonment for five years or less. If the Attorney General so requires, a judge has no jurisdiction to try the accused under this Part and a preliminary inquiry must be held if requested under subsection 536.1(3), unless one has already been held or the re-election was made under subsection 565(2).

  • Marginal note:Application to Nunavut

    (2) This section, and not section 568, applies in respect of criminal proceedings in Nunavut.

  • R.S., 1985, c. C-46, s. 569;
  • R.S., 1985, c. 27 (1st Supp.), s. 111;
  • 1999, c. 3, s. 49;
  • 2002, c. 13, s. 44;
  • 2008, c. 18, s. 24.1.
Previous Version
Marginal note:Record of conviction or order

  • 570. (1) Where an accused who is tried under this Part is determined by a judge or provincial court judge to be guilty of an offence on acceptance of a plea of guilty or on a finding of guilt, the judge or provincial court judge, as the case may be, shall endorse the information accordingly and shall sentence the accused or otherwise deal with the accused in the manner authorized by law and, on request by the accused, the prosecutor, a peace officer or any other person, shall cause a conviction in Form 35 and a certified copy of it, or an order in Form 36 and a certified copy of it, to be drawn up and shall deliver the certified copy to the person making the request.

  • Marginal note:Acquittal and record of acquittal

    (2) Where an accused who is tried under this Part is found not guilty of an offence with which the accused is charged, the judge or provincial court judge, as the case may be, shall immediately acquit the accused in respect of that offence and shall cause an order in Form 37 to be drawn up, and on request shall make out and deliver to the accused a certified copy of the order.

  • Marginal note:Transmission of record

    (3) Where an accused elects to be tried by a provincial court judge under this Part, the provincial court judge shall transmit the written charge, the memorandum of adjudication and the conviction, if any, into such custody as the Attorney General may direct.

  • Marginal note:Proof of conviction, order or acquittal

    (4) A copy of a conviction in Form 35 or of an order in Form 36 or 37, certified by the judge or by the clerk or other proper officer of the court, or by the provincial court judge, as the case may be, or proved to be a true copy, is, on proof of the identity of the person to whom the conviction or order relates, sufficient evidence in any legal proceedings to prove the conviction of that person or the making of the order against that person or his acquittal, as the case may be, for the offence mentioned in the copy of the conviction or order.

  • Marginal note:Warrant of committal

    (5) Where an accused other than an organization is convicted, the judge or provincial court judge, as the case may be, shall issue or cause to be issued a warrant of committal in Form 21, and section 528 applies in respect of a warrant of committal issued under this subsection.

  • Marginal note:Admissibility of certified copy

    (6) Where a warrant of committal is issued by a clerk of a court, a copy of the warrant of committal, certified by the clerk, is admissible in evidence in any proceeding.

  • R.S., 1985, c. C-46, s. 570;
  • R.S., 1985, c. 27 (1st Supp.), ss. 112, 203, c. 1 (4th Supp.), s. 18(F);
  • 1994, c. 44, s. 59;
  • 2003, c. 21, s. 10.
Previous Version