SUMMARY

This enactment repeals section 522 of the Criminal Code. This removes the existing power of a judge of a superior court of criminal jurisdiction to grant interim release to a person accused of one of the very serious offences listed in section 469. These are offences relating to treason, alarming Her Majesty, intimidation of Parliament, inciting mutiny, sedition, piracy, bribery by a judicial officer, murder, etc.

The enactment also forbids interim release of a person accused of an offence under section 264 (criminal harassment), 272 (sexual assault with a weapon) or 273 (aggravated sexual assault), if there is direct evidence of identification. It provides that, if an application for interim release of such a person is brought before a justice, and the justice is satisfied that there is credible or trustworthy evidence of identification of the accused by a victim or witness, the application shall be refused.

These amendments are carried out by sections 5 and 6. The remaining sections are amendments to the Act necessary to make changes that result from sections 5 and 6 and to remove references to the process referred to in the repealed section 522.