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Difference between revisions of "Criminal Charges (1:IV)"
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Criminal Charges (1:IV) (view source)
Revision as of 05:12, 9 December 2015
, 05:12, 9 December 2015→3. Summons
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A summons is a written order by a justice in prescribed form requiring the accused to appear before a justice at a particular time and place. (See ''Criminal Code'', s 509). | A summons is a written order by a justice in prescribed form requiring the accused to appear before a justice at a particular time and place. (See ''Criminal Code'', s 509). | ||
*'''Note:''' A summons should not be disregarded because of a misspelling of the accused’s name, nor because of minor irregularities or mistakes. The summons may be served by a peace officer personally, or it may arrive by mail. It can also be served, when the accused cannot conveniently be found, to a person living in the accused’s residence who appears to be at least 16 years old (''Criminal Code'', s 509(2)). | |||
*'''Note:''' An accused may attend court to answer to an appearance notice or summons indicating a certain charge. The accused may at that time be faced with additional charges, or with a different charge. It is the charge contained in the Information that the accused is charged with, regardless of what is contained in the summons or appearance notice. So long as an Information has been laid the Crown can proceed against the accused on that charge. | |||
=== 4. Judicial interim release (bail) === | === 4. Judicial interim release (bail) === | ||