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Criminal Code

Version of section 672.92 from 2006-01-02 to 2024-02-06:


Marginal note:Release or delivery of accused subject to paragraph 672.54(b) disposition order

  •  (1) If a peace officer arrests an accused under section 672.91 who is subject to a disposition made under paragraph 672.54(b) or an assessment order, the peace officer, as soon as practicable, may release the accused from custody and

    • (a) issue a summons or appearance notice compelling the accused’s appearance before a justice; and

    • (b) deliver the accused to the place specified in the disposition or assessment order.

  • Marginal note:No release

    (2) A peace officer shall not release an accused under subsection (1) if the peace officer believes, on reasonable grounds,

    • (a) that it is necessary in the public interest that the accused be detained in custody having regard to all the circumstances, including the need to

      • (i) establish the identity of the accused,

      • (ii) establish the terms and conditions of a disposition made under section 672.54 or of an assessment order,

      • (iii) prevent the commission of an offence, or

      • (iv) prevent the accused from contravening or failing to comply with the disposition or assessment order;

    • (b) that the accused is subject to a disposition or an assessment order of a court, or Review Board, of another province; or

    • (c) that, if the accused is released from custody, the accused will fail to attend, as required, before a justice.

  • Marginal note:Accused to be brought before justice

    (3) If a peace officer does not release the accused, the accused shall be taken before a justice having jurisdiction in the territorial division in which the accused is arrested, without unreasonable delay and in any event within twenty-four hours after the arrest.

  • Marginal note:Accused subject to paragraph 672.54(c) disposition order

    (4) If a peace officer arrests an accused under section 672.91 who is subject to a disposition under paragraph 672.54(c), the accused shall be taken before a justice having jurisdiction in the territorial division in which the accused is arrested without unreasonable delay and, in any event, within twenty-four hours.

  • Marginal note:Justice not available

    (5) If a justice described in subsection (3) or (4) is not available within twenty-four hours after the arrest, the accused shall be taken before a justice as soon as practicable.

  • 1991, c. 43, s. 4
  • 2005, c. 22, s. 36

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