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Criminal Code

Version of section 497 from 2003-01-01 to 2019-12-17:

Marginal note:Release from custody by peace officer

  •  (1) Subject to subsection (1.1), if a peace officer arrests a person without warrant for an offence described in paragraph 496(a), (b) or (c), the peace officer shall, as soon as practicable,

    • (a) release the person from custody with the intention of compelling their appearance by way of summons; or

    • (b) issue an appearance notice to the person and then release them.

  • Marginal note:Exception

    (1.1) A peace officer shall not release a person under subsection (1) if the peace officer believes, on reasonable grounds,

    • (a) that it is necessary in the public interest that the person be detained in custody or that the matter of their release from custody be dealt with under another provision of this Part, having regard to all the circumstances including the need to

      • (i) establish the identity of the person,

      • (ii) secure or preserve evidence of or relating to the offence,

      • (iii) prevent the continuation or repetition of the offence or the commission of another offence, or

      • (iv) ensure the safety and security of any victim of or witness to the offence; or

    • (b) that if the person is released from custody, the person will fail to attend court in order to be dealt with according to law.

  • Marginal note:Where subsection (1) does not apply

    (2) Subsection (1) does not apply in respect of a person who has been arrested without warrant by a peace officer for an offence described in subsection 503(3).

  • Marginal note:Consequences of non-release

    (3) A peace officer who has arrested a person without warrant for an offence described in subsection (1) and who does not release the person from custody as soon as practicable in the manner described in that subsection shall be deemed to be acting lawfully and in the execution of the peace officer’s duty for the purposes of

    • (a) any proceedings under this or any other Act of Parliament; and

    • (b) any other proceedings, unless in any such proceedings it is alleged and established by the person making the allegation that the peace officer did not comply with the requirements of subsection (1).

  • R.S., 1985, c. C-46, s. 497
  • 1999, c. 25, s. 3(Preamble)

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