BACK PREVIOUS SECTION NEXT SECTION BACK PREVIOUS SECTION NEXT SECTION | 525. (1) Time for application to judge - Where an accused who has been charged with an offence other than an offence listed in section 469 and who is not required to be detained in custody in respect of any other matter is being detained in custody pending his trial for that offence and the trial has not commenced | ||
| (a) | in the case of an indictable offence, within ninety days from | |
| (i) | the day on which the accused was taken before a justice under section 503, or | |
| (ii) | where an order that the accused be detained in custody has been made under section 521 or 524, or a decision has been made with respect to a review under section 520, the later of the day on which the accused was taken into custody under that order and the day of the decision, or | |
| (b) | in the case of an offence for which the accused is being prosecuted in proceedings by way of summary conviction, within thirty days from | |
| (i) | the day on which the accused was taken before a justice under subsection 503(1), or | |
| (ii) | where an order that the accused be detained in custody has been made under section 521 or 524, or a decision has been made with respect to a review under section 520, the later of the day on which the accused was taken into custody under that order and the day of the decision, | |
| the person having the custody of the accused shall, forthwith on the expiration of those ninety or thirty days, as the case may be, apply to a judge having jurisdiction in the place in which the accused is in custody to fix a date for a hearing to determine whether or not the accused should be released from custody. | ||
| (2) Notice of hearing - On receiving an application under subsection (1), the judge shall | ||
| (a) | fix a date for the hearing described in subsection (1) to be held in the jurisdiction | |
| (i) | where the accused is in custody, or | |
| (ii) | where the trial is to take place; and | |
| (b) | direct that notice of the hearing be given to such persons, including the prosecutor and the accused, and in such manner as the judge may specify. | |
| (3) Matters to be considered on hearing - On the hearing described in subsection (1), the judge may, in deciding whether or not the accused should be released from custody, take into consideration whether the prosecutor or the accused has been responsible for any unreasonable delay in the trial of the charge. | ||
| (4) Order - If, following the hearing described in subsection (1), the judge is not satisfied that the continued detention of the accused in custody is justified within the meaning of subsection 515(10), the judge shall order that the accused be released from custody pending the trial of the charge on his giving an undertaking or entering into a recognizance described in any of paragraphs 515(2)(a) to (e) with such conditions described in subsection 515(4) as the judge considers desirable. | ||
| (5) Warrant of judge for arrest - Where a judge having jurisdiction in the province where an order under subsection (4) for the release of an accused has been made is satisfied that there are reasonable grounds to believe that the accused | ||
| (a) | has contravened or is about to contravene the undertaking or recognizance on which he has been released, or | |
| (b) | has, after his release from custody on his undertaking or recognizance, committed an indictable offence, | |
| he may issue a warrant for the arrest of the accused. | ||
| (6) Arrest without warrant by peace officer - Notwithstanding anything in this Act, a peace officer who believes on reasonable grounds that an accused who has been released from custody under subsection (4) | ||
| (a) | has contravened or is about to contravene the undertaking or recognizance on which he has been released, or | |
| (b) | has, after his release from custody on his undertaking or recognizance, committed an indictable offence, | |
| may arrest the accused without warrant and take him or cause him to be taken before a judge having jurisdiction in the province where the order for his release was made. | ||
| (7) Hearing and order - A judge before whom an accused is taken pursuant to a warrant issued under subsection (5) or pursuant to subsection (6) may, where the accused shows cause why his detention in custody is not justified within the meaning of subsection 515(10), order that the accused be released on his giving an undertaking or entering into a recognizance described in any of paragraphs 515(2)(a) to (e) with such conditions, described in subsection 515(4), as the judge considers desirable. | ||
| (8) Provisions applicable to proceedings - The provisions of sections 517, 518 and 519 apply with such modifications as the circumstances require in respect of any proceedings under this section. | ||
| (9) Directions for expediting trial - Where an accused is before a judge under any of the provisions of this section, the judge may give directions for expediting the trial of the accused. | ||
| R.S., 1985, c. C-46, s. 525; R.S., 1985, c. 27 (1st Supp.), s. 90; 1994, c. 44, s. 49; 1997, c. 18, s. 61. | ||
| Judicial Consideration - | ||
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Neill v Director of Calgary Remand Centre
- Unreported, June 13, 1990, No. 11926 (Alta CA) (Butterworths No. A-10784)
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| - The accused was refused bail and remanded in custody awaiting trial. He unsuccessfully sought a review of his detention on two occasions. Sections 520(8) and 521(9) limit further applications for review of detention orders, except with leave of a judge, prior to the expiration of 30 days from the date of the decision of the judge who heard the previous application. By this time, the accused had been in custody for over 90 days. Consequently, he brought an application pursuant to s525(1) of the Criminal Code, which states that where an accused is in custody for more than 90 days awaiting trial, the per- son having custody of the accused is to apply to a Judge for a hearing. The Court expresses concern with the legislation in that it appears to duplicate the existing provisions allowing for a regular bail review. However, the Court held that the primary focus of a review under this section is not solely to ensure that a detainee does not slip between the cracks in the system and be forced to endure an extended period of incarceration, but also to oblige a Judge hearing the review to at least consider directions for an expedited trial. "It is clear to me that these provisions mean exactly what they say: Parliament has ordained that the Queen's Bench must interest itself in a prompt trial as well as needless detention." However, the Court emphasizes its reservations about the duplication in the court processes which can create cost and delay and inefficient use of judicial resources. | ||
| 526. Directions for expediting proceedings - Subject to subsection 525(9), a court, judge or justice before which or whom an accused appears pursuant to this Part may give directions for expediting any proceedings in respect of the accused. | ||
| R.S., 1985, c. C-46, s. 526; R.S., 1985, c. 27 (1st Supp.), s. 91. | ||
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