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The accused person does not have an election and must be tried by a judge of the provincial court without a jury. [3] 3. For all other indictable offences, the accused person can elect whether to be tried by: A provincial court judge; A judge of the superior trial court of the province without a jury or; A judge of the superior court with a jury
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).
An information is a formal criminal charge which, depending upon the jurisdiction, either begins or continues a criminal proceeding in the courts. The information is one of the oldest common law pleadings (first appearing around the 13th century), and is nearly as old as the better-known indictment, with which it has always coexisted.
Where an indictment is obtained through means other than an information document, such as through grand jury proceedings or after an arrest when the defendant is first brought to court, the arraignment may be referred to as an "initial hearing", [9] or "preliminary arraignment", [10] which is different from a preliminary hearing. Those other ...
By virtue of practice directions issued under section 75(1) of the Senior Courts Act 1981, an indictment must be tried by a High Court judge, a circuit judge or a recorder (which of these depends on the offence). As to the form of an indictment, see the Indictments Act 1915 and the Indictment Rules 1971 made thereunder.
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 ...
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The first is the term "provincial court", which has two quite different meanings, depending on context. The first, and most general meaning, is that a provincial court is a court established by the legislature of a province, under its constitutional authority over the administration of justice in the province, set out in s. 92(14) of the Constitution Act, 1867. [2]