Right to re-elect with consent — Nunavut
561.1 (1) An accused who has elected or is deemed to have elected a mode of trial may re-elect any other mode of trial at any time with the written consent of the prosecutor.
Right to re-elect before trial — Nunavut
(2) An accused who has elected or is deemed to have elected a mode of trial but has not requested a preliminary inquiry under subsection 536.1(3) or is not entitled to make such a request under that subsection may, as of right, re-elect to be tried by any other mode of trial at any time up to 60 days before the day first appointed for the trial.
Right to re-elect at preliminary inquiry — Nunavut
(3) An accused who has elected or is deemed to have elected a mode of trial and has requested a preliminary inquiry under subsection 536.1(3) may, as of right, re-elect to be tried by the other mode of trial at any time before the completion of the preliminary inquiry or before the 60th day after its completion.
Notice of re-election under subsection (1) or (3) — Nunavut
(4) If an accused wishes to re-elect under subsection (1) or (3), before the completion of the preliminary inquiry, the accused shall give notice in writing of the wish to re-elect, together with the written consent of the prosecutor, if that consent is required, to the justice of the peace or judge presiding at the preliminary inquiry who shall on receipt of the notice put the accused to a re-election in the manner set out in subsection (9).
Notice at preliminary inquiry — Nunavut
(5) If at a preliminary inquiry an accused intends to re-elect under subsection (1) or (3) to be tried by a judge without a jury but does not intend to request a preliminary inquiry under subsection 536.1(3), the presiding justice of the peace shall notify a judge or a clerk of the Nunavut Court of Justice of the accused’s intention to re-elect and send to the judge or clerk any information, appearance notice, undertaking or release order given by or issued to the accused and any evidence taken before a coroner that is in the possession of the justice of the peace.
Notice when no preliminary inquiry or preliminary inquiry completed — Nunavut
(6) If an accused who has not requested a preliminary inquiry under subsection 536.1(3), who has had one or who was not entitled to make such a request under that subsection intends to re-elect under this section, the accused shall give notice in writing of the intention to re-elect together with the written consent of the prosecutor, if that consent is required, to the judge before whom the accused appeared and pleaded or to a clerk of the Nunavut Court of Justice.
(7) [Repealed, 2002, c. 13, s. 38]
Time and place for re-election — Nunavut
(8) On receipt of a notice given under any of subsections (4) to (7) that the accused wishes to re-elect, a judge shall immediately appoint a time and place for the accused to re-elect and shall cause notice of the time and place to be given to the accused and the prosecutor.
Proceedings on re-election — Nunavut
(9) The accused shall attend or, if in custody, shall be produced at the time and place appointed under subsection (8) and shall be put to a re-election after
(a) the charge on which the accused has been ordered to stand trial has been read to the accused or, if an indictment has been preferred under section 566, 574 or 577 or is filed with the court before which the indictment is to be preferred under section 577, the indictment has been read to the accused; or
(b) the information — in the case of a re-election under subsection (1) or (3), before the completion of the preliminary inquiry, or under subsection (2) — has been read to the accused.
The accused shall be put to their re-election in the following words or in words to the like effect:
You have given notice of your intention to re-elect the mode of your trial. You now have the option to do so. How do you intend to re-elect?
Application to Nunavut
(10) This section, and not section 561, applies in respect of criminal proceedings in Nunavut.
Annotations
- Part XIX