Acts and Regulations

P-22.1 - Provincial Offences Procedure Act

Section 73
Disposition versions

Full text
Probation orders
73(1)A probation order shall be in prescribed form.
73(2)A judge shall not make a probation order in the absence of the defendant.
73(3)For the purposes of subsection (2), a defendant who is not a corporation and who is represented by counsel or agent but is not present personally is absent from the court.
73(4)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, that judge may, if considering making a probation order or if notified that the prosecutor intends to ask the judge to make a probation order, 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.
73(5)A judge who, acting under section 16 or paragraph 29(1.1)(a), convicts a defendant in the defendant’s absence, shall not make a probation order.
1990, c.18, s.35; 1991, c.29, s.12; 1994, c.24, s.3; 2011, c.16, s.11
Probation orders
73(1)A probation order shall be in prescribed form.
73(2)A judge shall not make a probation order in the absence of the defendant.
73(3)For the purposes of subsection (2), a defendant who is not a corporation and who is represented by counsel or agent but is not present personally is absent from the court.
73(4)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, that judge may, if considering making a probation order or if notified that the prosecutor intends to ask the judge to make a probation order, 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.
73(5)A judge who, acting under section 16 or paragraph 29(1.1)(a), convicts a defendant in the defendant’s absence, shall not make a probation order.
1990, c.18, s.35; 1991, c.29, s.12; 1994, c.24, s.3; 2011, c.16, s.11
Probation orders
73(1)A probation order shall be in prescribed form.
73(2)A judge shall not make a probation order in the absence of the defendant.
73(3)For the purposes of subsection (2), a defendant who is not a corporation and who is represented by counsel or agent but is not present personally is absent from the court.
73(4)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, that judge may, if considering making a probation order or if notified that the prosecutor intends to ask the judge to make a probation order, 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.
73(5)A judge who, acting under section 16, convicts a defendant in the defendant’s absence, shall not make a probation order.
1990, c.18, s.35; 1991, c.29, s.12; 1994, c.24, s.3