C-25.1 - Code of Penal Procedure

Section 218.4 Disposition versions

2022-05-26

218.4. The judge shall try the case and render judgment by default, in the absence of the defendant and the prosecutor, based on the documents filed in the record.

The record is made up of

(1)  the statement of offence;

(2)  the attestation of the peace officer or of the person entrusted with the enforcement of an Act indicating that he personally witnessed the offence and, if applicable, that the facts constituting the offence were partially witnessed by him and partially witnessed by another peace officer or another person entrusted with the enforcement of an Act;

(3)  the attestation of service of the statement of offence;

(4)  in the cases referred to in articles 158 and 158.1, the attestation that a notice was sent to the defendant;

(5)  in the cases referred to in paragraphs 2, 3 and 4 of article 157.2, the certificate of a person authorized for that purpose by the prosecutor attesting that the statement of offence was served in the manner and within the time prescribed in the applicable paragraph;

(6)  in the cases referred to in paragraphs 2 and 3 of article 157.2, the certificate of the person authorized for that purpose by the prosecutor attesting that the statement of offence and the photograph or photographs were sent in accordance with section 592.1 or 592.5 of the Highway Safety Code (chapter C-24.2), as the case may be;

(7)  in the case referred to in paragraph 2 of article 157.2, the certificate of the person authorized for that purpose by the prosecutor attesting that the defendant is not a driver or a renter identified in accordance with section 592.1 or 592.1.1 of the Highway Safety Code; and

(8)  the certificate of a clerk or of a person authorized for that purpose by the prosecutor attesting that the defendant did not enter a plea of guilty or not guilty within the time prescribed in article 160 and did not pay the whole or any part of the fine and costs requested or, if applicable, send, within the time prescribed in section 592.1 of the Highway Safety Code, the declaration referred to in that section or in section 592.1.1 of that Code.

2005, c. 27, s. 12; 2015, c. 26, s. 16; 2022, c. 13, s. 81.

2016-09-15

218.4. The judge shall try the case and render judgment by default, in the absence of the defendant and the prosecutor, based on the documents filed in the record.

The record is made up of

(1)  the statement of offence;

(2)  the attestation of the peace officer or of the person entrusted with the enforcement of an Act indicating that he personally witnessed the offence and, if applicable, that the facts constituting the offence were partially witnessed by him and partially witnessed by another peace officer or another person entrusted with the enforcement of an Act;

(3)  the attestation of service of the statement of offence;

(4)  in the cases referred to in articles 158 and 158.1, the attestation that a notice was sent to the defendant;

(5)  in the cases referred to in paragraphs 2, 3 and 4 of article 157.2, the certificate of a person authorized for that purpose by the prosecutor attesting that the statement of offence was served in the manner and within the time prescribed in the applicable paragraph;

(6)  in the cases referred to in paragraphs 2 and 3 of article 157.2, the certificate of the person authorized for that purpose by the prosecutor attesting that the statement of offence and the photograph were sent in accordance with section 592.1 or 592.5 of the Highway Safety Code (chapter C-24.2), as the case may be;

(7)  in the case referred to in paragraph 2 of article 157.2, the certificate of the person authorized for that purpose by the prosecutor attesting that the defendant is not a driver or a renter identified in accordance with section 592.1 or 592.1.1 of the Highway Safety Code; and

(8)  the certificate of a clerk or of a person authorized for that purpose by the prosecutor attesting that the defendant did not enter a plea of guilty or not guilty within the time prescribed in article 160 and did not pay the whole or any part of the fine and costs requested or, if applicable, send, within the time prescribed in section 592.1 of the Highway Safety Code, the declaration referred to in that section or in section 592.1.1 of that Code.

2005, c. 27, s. 12; 2015, c. 26, s. 16.

2006-10-02

218.4. The judge shall try the case and render judgment by default, in the absence of the defendant and the prosecutor, based on the documents filed in the record.

The record is made up of the statement of offence and the related attestation of service, and, in the cases referred to in articles 158 and 158.1, an attestation of the sending of the notice to the defendant.

The record must also contain a certificate of the clerk or of a person authorized for that purpose by the prosecutor attesting that the defendant has not entered a plea of guilty or not guilty within the time prescribed in article 160 and has not paid the whole or any part of the fine and costs requested.

2005, c. 27, s. 12.