C-25.1 - Code of Penal Procedure

Section 169 Disposition versions

1999-04-01

169. A preliminary application may be made before the date set for the trial to a judge having jurisdiction to try the proceedings in the judicial district where proceedings were instituted or, during trial, to the presiding judge, with his leave. Where a defendant is deemed to have transmitted a plea of not guilty, a preliminary application may also be made by the prosecutor to a judge having jurisdiction to conduct the trial in the judicial district referred to in the second paragraph of article 187.

Prior notice of such an application must be served on the adverse party unless both parties are present before the judge. The notice must be filed in the office of the court of competent jurisdiction in the judicial district where proceedings were instituted.

Notwithstanding the foregoing, where the application is made by the defendant, the notice transmitted with the plea to the place indicated in the statement of offence has the same value and effect as the service and filing.

1987, c. 96, a. 169; 1995, c. 51, s. 23.

1990-10-01

169. A preliminary application may be made before the date set for the trial to a judge having jurisdiction to try the proceedings in the judicial district where proceedings were instituted or, during trial, to the presiding judge, with his leave.

Prior notice of such an application must be served on the adverse party unless both parties are present before the judge. The notice must be filed in the office of the court of competent jurisdiction in the judicial district where proceedings were instituted.

In force: 1993-11-01

Notwithstanding the foregoing, where the application is made by the defendant, the notice transmitted with the plea to the place indicated in the statement of offence has the same value and effect as the service and filing.

1987, c. 96, a. 169.