BACK PREVIOUS SECTION NEXT SECTION

Conclusion of Preliminary Hearing

79.19 (1) At the end of the preliminary hearing, the judge shall
 (a)
order that a jury be empanel led and determine the date and place for the hearing of the application; or
 (b)
where the judge considers that subsection 745(1) of the Criminal Code does not apply to the applicant, refer the application back to the Chief Justice.
        (2) Where an application is referred back to the Chief Justice pursuant to paragraph (1)(b) and the Chief Justice determines that subsection 745(1) of the Criminal Code does not apply to the applicant, the Chief Justice shall dismiss the application.