Acts and Regulations

P-22.1 - Provincial Offences Procedure Act

Full text
Non-appearance by defendant – plea
28(1)Where a defendant has not delivered a signed plea of guilty form to the office of the court and does not appear at the time and place stated in an appearance notice or summons or at the time and place fixed for taking the defendant’s plea, the judge may, if satisfied that an appearance notice or summons was served on the defendant and that subsection 27.1(2) does not apply to the defendant or if satisfied that the defendant was notified of the time and place fixed for taking the plea,
(a) on motion by the prosecutor, proceed immediately to try the defendant in the defendant’s absence,
(b) fix a later time and place at which the judge will try the defendant in the defendant’s absence,
(c) fix a later time and place for the trial of the defendant and issue a summons in prescribed form, or
(d) issue a warrant in prescribed form for the arrest of the defendant if the judge is satisfied that it is necessary in the public interest or in the interest of the proper administration of justice to do so.
28(2)Repealed: 1990, c.18, s.13
1990, c.18, s.13; 2013, c.45, s.3
Non-appearance by defendant
28(1)Where a defendant has not delivered a signed plea of guilty form to the office of the court and does not appear at the time and place stated in an appearance notice or summons or at the time and place fixed by a judge for taking the defendant’s plea, the judge may, if satisfied that an appearance notice or summons was served on the defendant or that the defendant was notified of the time and place fixed for taking the plea,
(a) on motion by the prosecutor, proceed immediately to try the defendant in the defendant’s absence,
(b) fix a later time and place at which the judge will try the defendant in the defendant’s absence,
(c) fix a later time and place for the trial of the defendant and issue a summons in prescribed form, or
(d) issue a warrant in prescribed form for the arrest of the defendant if the judge is satisfied that it is necessary in the public interest or in the interest of the proper administration of justice to do so.
28(2)Repealed: 1990, c.18, s.13
1990, c.18, s.13