This enactment amends a provision of the Criminal Code that governs judicial interim release to provide that an accused who is charged more than twice with certain indictable offences while subject to a summons, appearance notice, undertaking or release order must be detained in custody unless the judge or justice is satisfied that exceptional circumstances warrant their release.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Detention

(4) If the judge or justice cancels the summons, appearance notice, undertaking or release order, the judge or justice shall order that the accused be detained in custody unless,

• Insertion start (a) Insertion end  having been given a reasonable opportunity to do so, the accused shows cause why their detention in custody is not justified under subsection 515(10); Insertion start or Insertion end

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  (b) in the case of an accused who has been charged more than twice with an indictable offence punishable by five years or more of imprisonment while subject to the summons, appearance notice, undertaking or release order, the judge or justice is satisfied that exceptional circumstances warrant their release.

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