Provincial Offences Act Flashcards
How to do you commence a proceeding?
(1) Certificate of offence
(2) information laid
Part 1 Certificate of Offence
(1) belief
(2) less serious
(3) less formal
(4) more convenient
(5) 30 days to serve
Part III
(1) R&PG offence committed
(2) more serious
(3) more formal
(4) less convenient
(5) 6 months to serve
What are the 3 determining factors when considering Part I or Part III?
(1) seriousness
(2) consequences
(3) circumstances
Part 1 steps are?
(1) issue
(2) serve
(3) file
What 2 things are you certifying to be true on a certificate of offence?
(1) belief
(2) personally served defendant
What are the 2 steps for a part III?
(1) lay an information
(2) defendant served summons
What is the purpose of an information?
(1) commences proceedings
(2) inform defendant of allegations
(3) indicates allegation made under oath
(4) charge laid within time period
What is a summons for?
(1) directed to defendant
(2) alleged offence
(3) court
What does PRIER stand for?
P - Public Interest R - Repetition I - Identity E - Evidence R - Residence