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Showing posts with the label Bail Hearing Adjournments (Section 516

Bail Hearing Adjournments (Section 516, Criminal Code)

Criminal Code 516. Remand in custody 516. (1) A justice may, before or at any time during the course of any proceedings under section 515, on application by the prosecutor or the accused, adjourn the proceedings and remand the accused to custody in prison by warrant in Form 19, but no adjournment shall be for more than three clear days except with the consent of the accused.   Section 516(1) of the Criminal Code permits a justice, before or at any time during the course of a judicial interim release hearing, on application by the prosecutor or accused, to adjourn the proceedings and remand the accused in custody in prison. Where the adjournment exceeds three clear days, the consent of the accused is required. It necessarily follows that an adjournment that is not more than three clear days does not require any consent on the part of the accused. R. v. Donnelly , 2016 ONCA 988 at para 76      A Crown’s request for adjournment ...