C-25.1 - Code of Penal Procedure

Section 218.5 Disposition versions

2024-07-01

218.5. The judge shall examine the statement of offence and the related attestation of service, as well as the attestation referred to in subparagraph 2 of the second paragraph of article 218.4 and, if applicable, the certificates and the attestation referred to in subparagraphs 4 to 6 of the second paragraph of that article.

The judge shall make sure that a certificate 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 has been filed in the record. If the defendant is a natural person, the judge shall also make sure that the record contains an indication that the defendant is not a minor.

In addition, the judge shall make sure that, on the face of the record, the statement of offence and the attestation of the peace officer or the person entrusted with the enforcement of an Act have been correctly filled out and

(1)  that the date and place the offence was committed are indicated in the statement;

(2)  that the offence was witnessed by a peace officer or a person entrusted with the enforcement of an Act;

(3)  that the peace officer or the person entrusted with the enforcement of an Act has attested, if such is the case, that the facts constituting the offence were partially witnessed by them and partially witnessed by another peace officer or another person entrusted with the enforcement of an Act;

(4)  that the statement identifies the defendant and the person who issued the statement; and

(5)  that it contains the required signatures.

2005, c. 27, s. 12; 2015, c. 26, s. 17; 2024, c. 10, s. 31.

2016-09-15

218.5. The judge shall examine the statement of offence and the related attestation of service, as well as the attestation referred to in subparagraph 2 of the second paragraph of article 218.4 and, if applicable, the certificates and the attestation referred to in subparagraphs 4 to 7 of the second paragraph of that article.

The judge shall make sure that a certificate 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 and, if applicable, that the defendant did not send within the time prescribed in section 592.1 of the Highway Safety Code (chapter C-24.2) a declaration referred to in that section or in section 592.1.1 of that Code has been filed in the record. If the defendant is a natural person, the judge shall also make sure that the record contains an indication that the defendant is not a minor.

In addition, the judge shall make sure that, on the face of the record, the statement of offence and the attestation of the peace officer or the person entrusted with the enforcement of an Act have been correctly filled out and

(1)  that the date and place the offence was committed are indicated in the statement;

(2)  that the offence was witnessed by a peace officer or a person entrusted with the enforcement of an Act;

(3)  that the peace officer or the person entrusted with the enforcement of an Act has attested, if such is the case, that the facts constituting the offence were partially witnessed by them and partially witnessed by another peace officer or another person entrusted with the enforcement of an Act;

(4)  that the statement identifies the defendant and the person who issued the statement; and

(5)  that it contains the required signatures.

2005, c. 27, s. 12; 2015, c. 26, s. 17.

2006-10-02

218.5. The judge shall examine the statement of offence and the related attestation of service, as well as any attestation of the sending of a notice, if applicable.

The judge shall make sure that a certificate 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 has been filed in the record. If the defendant is a natural person, the judge shall also make sure that the record contains an indication that the defendant is not a minor.

In addition, the judge shall make sure that, on the face of the record, the statement of offence has been correctly filled out and

(1)  that the date and place the offence was committed are indicated in the statement;

(2)  that the offence was witnessed by a peace officer or a person entrusted with the enforcement of an Act;

(3)  that the peace officer who issued the statement of offence notes in the statement, if applicable, that some of the facts constituting the offence were witnessed by that peace officer and some were witnessed by another peace officer;

(4)  that the statement identifies the defendant and the person who issued the statement; and

(5)  that it contains the required signatures.

2005, c. 27, s. 12.