Government of Canada / Gouvernement du Canada
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Criminal Code

Version of section 817 from 2003-01-01 to 2019-12-17:

Marginal note:Undertaking or recognizance of prosecutor

  •  (1) The prosecutor in proceedings before a summary conviction court by whom an appeal is taken under section 813 shall, forthwith after filing the notice of appeal and proof of service thereof in accordance with section 815, appear before a justice, and the justice shall, after giving the prosecutor and the respondent a reasonable opportunity to be heard, order that the prosecutor

    • (a) give an undertaking as prescribed in this section; or

    • (b) enter into a recognizance in such amount, with or without sureties and with or without deposit of money or other valuable security, as the justice directs.

  • Marginal note:Condition

    (2) The condition of an undertaking or recognizance given or entered into under this section is that the prosecutor will appear personally or by counsel at the sittings of the appeal court at which the appeal is to be heard.

  • Marginal note:Appeals by Attorney General

    (3) This section does not apply in respect of an appeal taken by the Attorney General or by counsel acting on behalf of the Attorney General.

  • Marginal note:Form of undertaking or recognizance

    (4) An undertaking under this section may be in Form 14 and a recognizance under this section may be in Form 32.

  • R.S., c. 2(2nd Supp.), s. 16

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