Acts and Regulations

P-22.1 - Provincial Offences Procedure Act

Section 44
Disposition versions

Full text
Warrant for arrest of witness
44(1)Where a judge is satisfied upon evidence, given under oath or by solemn affirmation, that a person who is able to give material evidence that is necessary in proceedings under this Act
(a) will not attend if a summons to witness is served,
(b) is evading service of a summons to witness,
(c) has failed to attend or remain in attendance in response to a summons to witness, or
(d) has failed to attend or remain in attendance in breach of an undertaking to appear entered into under subsection 44(3),
the judge may issue a warrant in prescribed form for the arrest of the person.
44(2)The peace officer who arrests a person under a warrant issued under subsection (1) shall as soon as practicable take the person before a judge.
44(3)Unless the judge is satisfied that it is necessary to detain the person arrested in custody to ensure that person’s attendance to give evidence, the judge shall order the person released on the person’s entering into an undertaking, in prescribed form, to appear, and the judge may also require the person to enter into a recognizance, in prescribed form, with or without sureties, in such amount and with such conditions, if any, as are appropriate, in the opinion of the judge, to ensure the attendance of that person to give evidence.
44(4)Where the judge is satisfied that it is necessary to detain the person arrested in custody to ensure that person’s attendance to give evidence, the judge may order that the person be detained in custody to give evidence at the trial, and such an order is sufficient authority
(a) for a peace officer or sheriff to convey the defendant to a correctional institution for the purpose of detention under the order, and
(b) for the reception and detention of the defendant by officers of a correctional institution in accordance with the terms of the order.
44(5)A person who is detained in custody under an order made under subsection (4) shall not be detained in custody for a period longer than ten days.
44(6)A judge may at any time order the release of a person detained in custody under this section where the judge is satisfied that the detention is no longer justified.
1990, c.18, s.23; 2009, c.29, s.1; 2011, c.16, s.5
Warrant for arrest of witness
44(1)Where a judge is satisfied upon evidence, given under oath or by solemn affirmation, that a person who is able to give material evidence that is necessary in proceedings under this Act
(a) will not attend if a summons to witness is served,
(b) is evading service of a summons to witness,
(c) has failed to attend or remain in attendance in response to a summons to witness, or
(d) has failed to attend or remain in attendance in breach of an undertaking to appear entered into under subsection 44(3),
the judge may issue a warrant in prescribed form for the arrest of the person.
44(2)The peace officer who arrests a person under a warrant issued under subsection (1) shall as soon as practicable take the person before a judge.
44(3)Unless the judge is satisfied that it is necessary to detain the person arrested in custody to ensure that person’s attendance to give evidence, the judge shall order the person released on the person’s entering into an undertaking, in prescribed form, to appear, and the judge may also require the person to enter into a recognizance, in prescribed form, with or without sureties, in such amount and with such conditions, if any, as are appropriate, in the opinion of the judge, to ensure the attendance of that person to give evidence.
44(4)Where the judge is satisfied that it is necessary to detain the person arrested in custody to ensure that person’s attendance to give evidence, the judge may order that the person be detained in custody to give evidence at the trial, and such an order is sufficient authority
(a) for a peace officer or sheriff to convey the defendant to a correctional institution for the purpose of detention under the order, and
(b) for the reception and detention of the defendant by officers of a correctional institution in accordance with the terms of the order.
44(5)A person who is detained in custody under an order made under subsection (4) shall not be detained in custody for a period longer than ten days.
44(6)A judge may at any time order the release of a person detained in custody under this section where the judge is satisfied that the detention is no longer justified.
1990, c.18, s.23; 2009, c.29, s.1
Warrant for arrest of witness
44(1)Where a judge is satisfied upon evidence, given under oath or by solemn affirmation, that a person who is able to give material evidence that is necessary in proceedings under this Act
(a) will not attend if a summons to witness is served,
(b) is evading service of a summons to witness,
(c) has failed to attend or remain in attendance in response to a summons to witness, or
(d) has failed to attend or remain in attendance in breach of an undertaking to appear entered into under subsection 44(3),
the judge may issue a warrant in prescribed form for the arrest of the person.
44(2)The peace officer who arrests a person under a warrant issued under subsection (1) shall as soon as practicable take the person before a judge.
44(3)Unless the judge is satisfied that it is necessary to detain the person arrested in custody to ensure that person’s attendance to give evidence, the judge shall order the person released on the person’s entering into an undertaking, in prescribed form, to appear, and the judge may also require the person to enter into a recognizance, in prescribed form, with or without sureties, in such amount and with such conditions, if any, as are appropriate, in the opinion of the judge, to ensure the attendance of that person to give evidence.
44(4)Where the judge is satisfied that it is necessary to detain the person arrested in custody to ensure that person’s attendance to give evidence, the judge may order that the person be detained in custody to give evidence at the trial, and such an order is sufficient authority
(a) for a peace officer to convey the defendant to a correctional institution for the purpose of detention under the order, and
(b) for the reception and detention of the defendant by officers of a correctional institution in accordance with the terms of the order.
44(5)A person who is detained in custody under an order made under subsection (4) shall not be detained in custody for a period longer than ten days.
44(6)A judge may at any time order the release of a person detained in custody under this section where the judge is satisfied that the detention is no longer justified.
1990, c.18, s.23