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Criminal Code

Version of section 764 from 2019-12-18 to 2024-04-01:


Marginal note:Undertaking or release order binding on accused

  •  (1) If an accused is bound by an undertaking or release order to appear for trial, their arraignment or conviction does not cancel the undertaking or release order, and it continues to bind them and their sureties for their appearance until the accused is discharged or sentenced, as the case may be.

  • Marginal note:Committal or new sureties

    (2) Despite subsection (1), the court, provincial court judge or justice may commit an accused to prison or may require them to furnish new or additional sureties for their appearance until the accused is discharged or sentenced, as the case may be.

  • Marginal note:Effect of committal

    (3) The sureties of an accused who is bound by a release order to appear for trial are discharged if the accused is committed to prison under subsection (2).

  • Marginal note:Summary of certain provisions

    (4) A summary of subsections (1) to (3) must be set out in any undertaking or release order.

  • R.S., 1985, c. C-46, s. 764
  • R.S., 1985, c. 27 (1st Supp.), s. 203
  • 2019, c. 25, s. 310

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