Provincial Offences Act Flashcards

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1
Q

How to do you commence a proceeding?

A

(1) Certificate of offence

(2) information laid

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2
Q

Part 1 Certificate of Offence

A

(1) belief
(2) less serious
(3) less formal
(4) more convenient
(5) 30 days to serve

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3
Q

Part III

A

(1) R&PG offence committed
(2) more serious
(3) more formal
(4) less convenient
(5) 6 months to serve

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4
Q

What are the 3 determining factors when considering Part I or Part III?

A

(1) seriousness
(2) consequences
(3) circumstances

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5
Q

Part 1 steps are?

A

(1) issue
(2) serve
(3) file

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6
Q

What 2 things are you certifying to be true on a certificate of offence?

A

(1) belief

(2) personally served defendant

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7
Q

What are the 2 steps for a part III?

A

(1) lay an information

(2) defendant served summons

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8
Q

What is the purpose of an information?

A

(1) commences proceedings
(2) inform defendant of allegations
(3) indicates allegation made under oath
(4) charge laid within time period

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9
Q

What is a summons for?

A

(1) directed to defendant
(2) alleged offence
(3) court

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10
Q

What does PRIER stand for?

A
P - Public Interest
R - Repetition
I - Identity
E - Evidence
R - Residence
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