Legal Question in Criminal Law in Canada

emergency trial

Is there a time limit on how long a person who is in jail because they can not get bail. to get a trail date


Asked on 2/06/09, 11:49 am

1 Answer from Attorneys

Zayid Al-Baghdadi Zayid Al-Baghdadi, Avocat - Lawyer

Re: emergency trial

There is no stipulated time limit for a detainee to be tried. Courts will always give them priority and generally provide sooner dates than those given for defendants who are in liberty. The delay should be reasonable, and as you are probably aware, all time served in pre-trial custody is generally calculated in double, meaning 3 months would be the equivalent of 6.

If the accused is detained in one matter only and his or her trial has been delayed for more than 90 days since the day he was taken before a justice (if an indictable offence) or 30 days (by summary conviction), then the defendant can request that their detention be reviewed by a judge, this is stipulated in the criminal code under section 525.

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Answered on 2/06/09, 3:25 pm


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