Acts and Regulations

P-22.1 - Provincial Offences Procedure Act

Section 62
Disposition versions

Full text
No sentence of imprisonment in absence of defendant
62(1)A judge shall not sentence a defendant to a term of imprisonment in the absence of the defendant.
62(2)For the purposes of subsection (1), a defendant who is represented in court by counsel or agent but is not present personally is absent from the court.
62(3)Where a judge acting under section 27, paragraph 28(1)(a) or (b), subsection 29(1) or paragraph 29(1.1)(b) convicts a defendant in the defendant’s absence or where a defendant does not appear at the time and place set for sentencing, the judge may, if considering imposing a sentence of imprisonment or if notified that the prosecutor intends to ask the judge to impose a sentence of imprisonment, issue
(a) a summons for sentencing in prescribed form, or
(b) a warrant in prescribed form for the arrest of the defendant if the judge is of the opinion that the defendant is unlikely to appear or has failed to appear in response to a summons for sentencing.
1990, c.18, s.30; 1991, c.29, s.11; 1994, c.24, s.2; 2011, c.16, s.10
No sentence of imprisonment in absence of defendant
62(1)A judge shall not sentence a defendant to a term of imprisonment in the absence of the defendant.
62(2)For the purposes of subsection (1), a defendant who is represented in court by counsel or agent but is not present personally is absent from the court.
62(3)Where a judge acting under section 27, paragraph 28(1)(a) or (b), subsection 29(1) or paragraph 29(1.1)(b) convicts a defendant in the defendant’s absence or where a defendant does not appear at the time and place set for sentencing, the judge may, if considering imposing a sentence of imprisonment or if notified that the prosecutor intends to ask the judge to impose a sentence of imprisonment, issue
(a) a summons for sentencing in prescribed form, or
(b) a warrant in prescribed form for the arrest of the defendant if the judge is of the opinion that the defendant is unlikely to appear or has failed to appear in response to a summons for sentencing.
1990, c.18, s.30; 1991, c.29, s.11; 1994, c.24, s.2; 2011, c.16, s.10
No sentence of imprisonment in absence of defendant
62(1)A judge shall not sentence a defendant to a term of imprisonment in the absence of the defendant.
62(2)For the purposes of subsection (1), a defendant who is represented in court by counsel or agent but is not present personally is absent from the court.
62(3)Where a judge acting under section 27, paragraph 28(1)(a) or (b) or subsection 29(1) convicts a defendant in the defendant’s absence or where a defendant does not appear at the time and place set for sentencing, the judge may, if considering imposing a sentence of imprisonment or if notified that the prosecutor intends to ask the judge to impose a sentence of imprisonment, issue
(a) a summons for sentencing in prescribed form, or
(b) a warrant in prescribed form for the arrest of the defendant if the judge is of the opinion that the defendant is unlikely to appear or has failed to appear in response to a summons for sentencing.
1990, c.18, s.30; 1991, c.29, s.11; 1994, c.24, s.2