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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 ...
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 ...
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.
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).
Criminal law cases heard before the Court are summary conviction offences, less serious indictable offences under section 553 of the Criminal Code, [8] and indictable offences where the defendant has elected to have his or her trial heard in the Ontario Court of Justice (excluding offences found under section 469 of the Criminal Code – murder ...
The divisions of the High Court of Justice were abolished. The Appellate Division consisted of two divisional courts which had the same jurisdiction. [57] The names of the Appellate Division and High Court Division were changed to "Court of Appeal for Ontario" (its current name) and "High Court of Justice for Ontario", respectively, in 1931. [62]
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The court decides if the case is suitable to be heard in a magistrates' court. If they decide that the case is either too serious or too complex, or another offence is being charged which is triable only on indictment, they can send the case to the Crown Court, in which case the defendant has no say in the matter. If the magistrates decide that ...