P-15 - Summary Convictions Act

Section 45 Disposition versions

1977-12-31

45. (1)  Before or during the hearing upon any information or complaint the justice of the peace may, in his discretion, adjourn the hearing of the case.

(2)  If, at the time and place to which the hearing or further hearing is adjourned, either or both of the parties do not appear, personally or by his or their counsel respectively, before the justice of the peace or such other justices of the peace as shall then be there, the justice of the peace who is there may proceed to the hearing or further hearing as if the party or parties were present.

(3)  If the prosecutor or complainant does not appear, the justice of the peace may dismiss the information, with or without costs, as to him seems fit.

(4)  Whenever any justice of the peace adjourns the hearing of any case, he may suffer the accused to go at large or may commit him to the house of detention within the territorial division for which such justice of the peace is then acting, or to such other safe custody as such justice of the peace thinks fit, or may discharge the accused upon his recognizance, with or without sureties at the discretion of such justice of the peace, conditioned for his appearance at the time and place to which such hearing or further hearing is adjourned.

(5)  The remand of the accused may be as in form 13, and the recognizance of bail, in lieu of or after a remand, may be as in form 14.

(6)  Whenever any accused who is discharged upon recognizance, or allowed to go at large, does not appear in person at the time mentioned in the recognizance or to which the hearing or further hearing is adjourned, the justice of the peace must comply with the provisions of section 68 and may issue a warrant for his apprehension, subject, in every instance, to the right of the justice of the peace to proceed according to subsection 2 of this section.

R. S. 1964, c. 35, s. 42; 1969, c. 21, s. 35; 1970, c. 11, s. 16.