Acts and Regulations

P-22.1 - Provincial Offences Procedure Act

Section 128
Disposition versions

Full text
Orders to ensure attendance of defendant
128(1)Where the defendant is brought before the judge under section 118 or section 125 and the judge considers that the defendant should be required to answer to the charge, the judge shall, unless a plea of guilty is taken and subject to subsections (2), (3), (8) and 127(2), release the defendant on the defendant’s entering into an undertaking, in prescribed form, to appear at such times and places as may be set by the judge.
128(2)A judge shall order that a defendant be detained in custody in order to be dealt with according to law if the prosecutor, having been given an opportunity to do so, satisfies the judge that the detention of the defendant is justified on any of the following grounds: 
(a) the detention is necessary to ensure the defendant’s attendance in court in order to be dealt with according to law;
(b) the detention is necessary for the protection or safety of the public, including any victim of or witness to the offence, or any minor, having regard to all the circumstances including any substantial likelihood that the defendant will, if released from custody, commit an offence or interfere with the administration of justice; and
(c) the detention is necessary to maintain confidence in the administration of justice, having regard to all the circumstances, including
(i) the apparent strength of the prosecution’s case,
(ii) the nature of the offence,
(iii) the circumstances surrounding the commission of the offence, including whether a firearm was used, and
(iv) the fact that the defendant is liable, on conviction, for a term of imprisonment.
128(3)Where the judge is not satisfied in accordance with subsection (2) but is satisfied that the taking of a recognizance or a deposit is required in order to ensure the attendance of the defendant in court, the judge may require the defendant, in addition to entering into the undertaking referred to in subsection (1)
(a) to enter into a recognizance, in prescribed form, with or without sureties, in such amount and with such conditions, if any, as are in the opinion of the judge appropriate to ensure the attendance of the defendant in court, or
(b) to deposit with the judge
(i) a sum of money in an amount not exceeding the maximum fine set for the offence and not less than the minimum fine, if any, set for the offence, or
(ii) some other satisfactory security.
128(4)Where any other Act requires or permits a defendant to deposit with a judge or elsewhere anything that may be forfeited if the defendant does not appear in court, the judge may take that Act and anything that may be or has been done under that Act into consideration in determining what action to take under this section.
128(5)The judge shall record the reasons for the decision made under this section.
128(6)In proceedings under this section, the judge may receive and rely on such information as the judge considers credible or trustworthy in the circumstances of each case.
128(7)A judge may, before or at any time during the course of proceedings under this section, on application by the prosecutor or defendant, adjourn the proceedings, and any such adjournment shall be to a working day not later than the fourth working day after the date of the adjournment.
128(8)The defendant shall be detained in custody during any adjournment made under subsection (7).
1990, c.18, s.71; 2019, c.28, s.2
Orders to ensure attendance of defendant
128(1)Where the defendant is brought before the judge under section 118 or section 125 and the judge considers that the defendant should be required to answer to the charge, the judge shall, unless a plea of guilty is taken and subject to subsections (2), (3), (8) and 127(2), release the defendant on the defendant’s entering into an undertaking, in prescribed form, to appear at such times and places as may be set by the judge.
128(2)Where the prosecutor, having been given an opportunity to do so, satisfies the judge that it is necessary in the public interest that the defendant be detained in custody, the judge shall order the defendant to be detained in custody to be dealt with according to law.
128(3)Where the judge is not satisfied in accordance with subsection (2) but is satisfied that the taking of a recognizance or a deposit is required in order to ensure the attendance of the defendant in court, the judge may require the defendant, in addition to entering into the undertaking referred to in subsection (1)
(a) to enter into a recognizance, in prescribed form, with or without sureties, in such amount and with such conditions, if any, as are in the opinion of the judge appropriate to ensure the attendance of the defendant in court, or
(b) to deposit with the judge
(i) a sum of money in an amount not exceeding the maximum fine set for the offence and not less than the minimum fine, if any, set for the offence, or
(ii) some other satisfactory security.
128(4)Where any other Act requires or permits a defendant to deposit with a judge or elsewhere anything that may be forfeited if the defendant does not appear in court, the judge may take that Act and anything that may be or has been done under that Act into consideration in determining what action to take under this section.
128(5)The judge shall record the reasons for the decision made under this section.
128(6)In proceedings under this section, the judge may receive and rely on such information as the judge considers credible or trustworthy in the circumstances of each case.
128(7)A judge may, before or at any time during the course of proceedings under this section, on application by the prosecutor or defendant, adjourn the proceedings, and any such adjournment shall be to a working day not later than the fourth working day after the date of the adjournment.
128(8)The defendant shall be detained in custody during any adjournment made under subsection (7).
1990, c.18, s.71