Search results
Results from the WOW.Com Content Network
Before a court imposes a fine, it must inquire into the ability to pay the fine. [30] Failure to pay the fine by the time required in the order can result in the person being found in default. A number of remedies exist, including imprisonment. In the past a court that imposed a fine would also impose a hypothetical sentence in the event of ...
If the preliminary inquiry judge rules that the Crown prosecutor has satisfied this standard, the Court commits the accused to stand trial. The Crown prosecutor then files an indictment, which is the formal charge to begin the trial, normally in the superior trial court. The indictment is based on the charges originally set out in the information.
The Attorney General can also require a case to be tried by the superior trial court with a jury (section 568). [2] For most offences defined by the Criminal Code the Crown has the option to elect to proceed by summary conviction or by indictment and are sometimes known as hybrid offences. In these offences, the level of court and whether the ...
An indictment (/ ɪ n ˈ d aɪ t m ən t / [1] in-DYTE-mənt) is a formal accusation that a person has committed a crime.In jurisdictions that use the concept of felonies, the most serious criminal offense is a felony; jurisdictions that do not use that concept often use that of an indictable offence, an offence that requires an indictment.
In some cases, the Court of Appeal for Ontario and Alberta Court of Appeal have ruled that section 11(i) only applies to the sentencing given by a trial judge. If the case is appealed and the punishment is made less severe, a person does not have a right to be given the lesser punishment from an appellate judge. [7]
If there is not enough evidence, the court will dismiss the charge(s). [1] In the aftermath of the 2016 Jordan decision, in which the Supreme Court of Canada imposed time limits on the Crown to bring criminal cases to trial, the Crown has started to use the direct indictment procedure more frequently. [2]
Donald Trump has become first president in US history to face criminal charges
In many common law jurisdictions (e.g. England and Wales, Ireland, Canada, Hong Kong, India, Australia, New Zealand, Malaysia, Singapore), an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing to determine whether there is a prima facie case to answer or by a grand jury (in contrast to a summary offence).