Criminal Code

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

• 672.92 (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.