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| Patrick Ducharme |
On three days notice by either party, the court may order the release of any exhibit for the purpose of a scientific or other testing, subject to such terms as appear to be necessary to safeguard the exhibit.
605(1): A Judge of a superior court of criminal jurisdiction or a court of criminal jurisdiction may, on summary application on behalf of the accused or the prosecutor, after three days notice to the accused or prosecutor, as the case may be, order the release of any exhibit for the purpose of a scientific or other test or examination, subject to such terms as appear to be necessary or desirable to ensure the safeguarding of the exhibit and its preservation for use at the trial.
(2) Disobeying orders — Everyone who fails to comply with the terms of an order made under subsection (1) is guilty of contempt of court and may be dealt with summarily by the Judge or provincial court Judge who made the order or before whom the trial of the accused takes place.
The above is the an excerpt of Patrick J Ducharme's book, Canadian Criminal Procedure, available at Amazon or in bulk through MedicaLegal Publishing along with Criminal Trial Strategies.
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