Bill S-217: An Act to amend the Criminal Code (detention in custody)

Cover Summary BILL S-217 First Session, Forty-second Parliament, 64-65 Elizabeth II, 2015-2016 SENATE OF CANADA BILL S-217 An Act to amend the Criminal Code (detention in custody) AS PASSED BY THE SENATE October 20, 2016 4211524 SUMMARY This enactment amends the Criminal Code to (a) expand the grounds for the justification of detention in custody; and (b) require that, in any proceeding under section 515, the prosecutor lead evidence to prove the fact that the accused has failed to appear in court when required to do so and the fact that the accused has previously been convicted of a criminal offence or has been charged with and is awaiting trial for another criminal offence. Available on the Parliament of Canada Web Site at the following address: http://www.parl.gc.ca 1st Session, 42nd Parliament, 64-65 Elizabeth II, 2015-2016 SENATE OF CANADA BILL S-217 An Act to amend the Criminal Code (detention in custody) R.‍S.‍, c. C-46 Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1 Paragraph 515(10)‍(c) of the Criminal Code is amended by striking out “and” at the end of subparagraph (iii) and by adding the following after subparagraph (iv): (v) the fact that the accused has failed to appear in court on one or more occasions when required to do so, and (vi) the fact that the accused has previously been convicted of a criminal offence or has been charged with and is awaiting trial for another criminal offence. 2 Paragraph 518(1)‍(c) of the Act is replaced by the following: (c) the prosecutor shall, in addition to any other relevant evidence, lead evidence (i) to prove the fact that the accused has previously been convicted of a criminal offence, (ii) to prove the fact that the accused has been charged with and is awaiting trial for another criminal offence, (iii) to prove the fact that the accused has previously committed an offence under section 145, (iv) to show the circumstances of the alleged offence, particularly as they relate to the probability of conviction of the accused, or (v) to prove the fact that the accused has failed to appear in court on one or more occasions when required to do so; Published under authority of the Senate of Canada