(b) the safeguarding of the interests of witnesses under the age of 18 years in all proceedings (a) society’s interest in encouraging the reporting of offences and the participation of victims and witnesses in the criminal justice process (2) In determining whether the order is in the interest of the proper administration of justice, the judge or justice shall consider (1.1) The application may be made, during the proceedings, to the presiding judge or justice or, before the proceedings begin, to the judge or justice who will preside at the proceedings or, if that judge or justice has not been determined, to any judge or justice having jurisdiction in the judicial district where the proceedings will take place. (5) The provisions of Part XVI apply with such modifications as the circumstances require where a summons or warrant is issued under subsection (2).Ĥ86 (1) Any proceedings against an accused shall be held in open court, but the presiding judge or justice may, on application of the prosecutor or a witness or on his or her own motion, order the exclusion of all or any members of the public from the court room for all or part of the proceedings, or order that the witness testify behind a screen or other device that would allow the witness not to be seen by members of the public, if the judge or justice is of the opinion that such an order is in the interest of public morals, the maintenance of order or the proper administration of justice or is necessary to prevent injury to international relations or national defence or national security. (4) Where, in the opinion of the court, judge, provincial court judge or justice, an accused or a defendant who appears at a proceeding has been misled or prejudiced by reason of any matter referred to in subsection (1), the court, judge, provincial court judge or justice may adjourn the proceeding and may make such order as it or he considers appropriate. (3) Where no summons or warrant is issued under subsection (2) within the period provided therein, the proceedings shall be deemed to be dismissed for want of prosecution and shall not be recommenced except in accordance with section 485.1. Marginal note:Dismissal for want of prosecution
(2) Where jurisdiction over an accused or a defendant is lost and has not been regained, a court, judge, provincial court judge or justice may, within three months after the loss of jurisdiction, issue a summons, or if it or he considers it necessary in the public interest, a warrant for the arrest of the accused or defendant. (1.1) Jurisdiction over an accused is not lost by reason of the failure of the accused to appear personally, so long as the provisions of this Act or a rule made under section 482 or 482.1 permitting the accused not to appear personally apply. Marginal note:When accused not appearing personally (5) Subsections 482(4) and (5) apply, with any modifications that the circumstances require, to rules made under subsection (1).Ĥ85 (1) Jurisdiction over an offence is not lost by reason of the failure of any court, judge, provincial court judge or justice to act in the exercise of that jurisdiction at any particular time, or by reason of a failure to comply with any of the provisions of this Act respecting adjournments or remands. Marginal note:Subsections 482(4) and (5) to apply (4) Sections 512 and 512.3 apply, with any modifications that the circumstances require, to the issuance of a summons or a warrant under subsection (3). (3) If rules are made under subsection (1), a court, justice or judge may issue a summons or warrant to compel the presence of the accused at case management proceedings. (2) The parties to a case shall comply with any direction made in accordance with a rule made under subsection (1). (c) establishing case management schedules.
(b) permitting personnel of the court to deal with administrative matters relating to proceedings out of court if the accused is represented by counsel and (a) for the determination of any matter that would assist the court in effective and efficient case management Marginal note:Power to make rules respecting case managementĤ82.1 (1) A court referred to in subsection 482(1) or (2) may make rules for case management, including rules PART XIV Jurisdiction (continued) Rules of Court (continued)
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