Time within which information to be laid in certain cases
505 If an appearance notice has been issued to an accused under section 497, or if an accused has been released from custody under section 498 or 503, an information relating to the offence alleged to have been committed by the accused or relating to an included or other offence alleged to have been committed by them shall be laid before a justice as soon as practicable after the issuance or release, and in any event before the time stated in the appearance notice or undertaking for their attendance in court.
Annotations | French
- Section 505
- “Appearance notice” is defined under s. 2; Criminal Code, RSC 1985, c C-46, s 2.
- “Accused” is defined under s. 493; Criminal Code, RSC 1985, c C-46, s 493.
- Where the requirements of section 505 are not complied with, the information remains valid. However, failing to complete the requirements in section 505 prevents the accused from being charged for failing to appear under section 145(5) If the information has not been laid within the time required, the court still has jurisdiction over the accused if they appear in court; R v Ladouceur, 2013 ONCA 328 at para 18; R v Morton, [1992] OJ No 179 at 251 (SC), aff’d (1993), 15 OR (3d) 320 (CA); R v Markovic, [2005] OJ No 4286 at para 25 (CA).