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Topic: Indictable offence


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In the News (Thu 16 Feb 12)

  
 Encyclopedia: Summary offence
In practice, this often means a trial without a jury, jury trials being reserved for indictable offences.
A hybrid offence or dual offence are the special offences in Canadian criminal law where the prosecution may choose whether to proceed with a summary offence or an indictment.
Regulatory offences are a class of crime in which the standard for proving culpability has been lowered so as not to require any fault elements.
www.nationmaster.com /encyclopedia/Summary-offence   (1325 words)

  
 Policy Centre for Victims Issues - Guide for applying for funding   (Site not responding. Last check: 2007-10-21)
Offences which can be treated as either summary or indictable include assault, sexual assault and unlawfully causing bodily harm.
The decision whether to treat an offence as summary or indictable is made by the Crown prosecutor after taking into account all the circumstances of the case.
It is a written statement made by the victim of a crime that describes the harm done to the victim and, more generally, the effect that the crime has had on his or her life.
www.canada.justice.gc.ca /en/ps/voc/faq.html   (2059 words)

  
 Definitions   (Site not responding. Last check: 2007-10-21)
The offences in the Criminal Code are those offences that the federal government considers most serious and harmful in Canada.
Indictable offences are the more serious kind and result in harsher punishment than do summary offences.
Summary offences are less serious than indictable offences and your sentence is usually not as harsh.
www.jfcy.org /define/define.html   (1744 words)

  
 Golishlaw.com Criminal Law Topics - Break and Enter and Related Offences
All of these offences may be prosecuted by indictment and are therefore included, but any other indictable offence capable of being committed in a building would be included as well.
If no other indictable offence is committed, but the person intended to commit one, then it is the offence break and enter with intent under s.
The offence is thus an effective law enforcement tool because it may be used to arrest somebody before committing a break-in, or after a break-in has occurred, when the police do not have enough evidence to convict on the break-in.
www.golishlaw.com /crimlawt/breakent.htm   (2019 words)

  
 The CPS : Sending Indictable Only Cases to the Crown Court and Committal Proceedings
The requisite conditions for summary offences are that they must be punishable with imprisonment or involve obligatory or discretionary disqualification from driving and arise out of circumstances which are the same as or connected with those giving rise to the indictable only offence (Section 51(11) and (12) of the Crime and Disorder Act 1998).
If a co-defendant is jointly charged with an either way offence with a defendant and the joint either way offence is related to an indictable only matter charged against the defendant, and the co-defendant appears at the magistrates' court on the same occasion as the defendant, the court must send them both for trial.
Where the co-defendant is a child or young person who is jointly charged with an indictable offence, if the adult is sent for trial (either on that or a previous occasion), the magistrates must send the child/young person for trial, but only if it believes that a joint trial is in the interests of justice.
www.cps.gov.uk /legal/section17/chapter_a.html   (10040 words)

  
 PROBATION - LoveToKnow Article on PROBATION
The condition of their release is that they be placed under the supervision or,authority of some society or person (named in the licence) willing to take charge of the case.
This is, of course, only a limited application of the system of probation, for those detained in a Borstal Institution are offenders between the ages of sixteen and twenty-one who have been convicted of an indictable offence.
Legislation to this effect was foreshadowed by the home secretary in his speech on prison reform in the House of Commons on the 20th of July 1910.
22.1911encyclopedia.org /P/PR/PROBATION.htm   (516 words)

  
 Glossary of terms - Corrections - Alberta Solicitor General and Public Security Home
Conditional discharge is an option available to a sentencing court when an individual pleads or is found guilty of an offence that does not call for a minimum term of imprisonment or for which the penalty does not involve a 14 year or life sentence.
A conditional sentence is an option available to a sentencing court when an individual is convicted of an offence that does not call for a minimum term of imprisonment, and the court imposes a sentence of imprisonment of less than two years.
In the case of a summary offence, there is a limitation period of six months between the date upon which the offence occurred and the date upon which the charge can be laid.
www.solgen.gov.ab.ca /corrections/glossary.aspx   (1963 words)

  
 Impaired Driving   (Site not responding. Last check: 2007-10-21)
The punishment for this criminal offence is the same as the punishment for the offence of driving while impaired.
Impaired driving causing bodily harm is an indictable offence with a maximum punishment of 10 years in prison.
This is an indictable offence with a maximum punishment of life imprisonment.
canada.justice.gc.ca /en/ps/voc/imp_driv.html   (900 words)

  
 The Ultimate Indictment - American History Information Guide and Reference   (Site not responding. Last check: 2007-10-21)
In those jurisdictions which retain the concept of a felony, the serious crime offence would be a felony; those jurisdictions which have abolished the concept of a felony often substitute instead the concept of an indictable offence, i.e.
Indictable offences are normally tried by jury, unless the accused waives the right to a jury trial.
In common law systems, the accused is not normally entitled to a jury trial if the offence charged does not require an indictment; the main exception here is again the US, where the Sixth Amendment mandates jury trial of right for any criminal offence punishable by imprisonment for more than six months.
www.historymania.com /american_history/Indict   (452 words)

  
 Offence classification: summary conviction or indictable?
Unless a different penalty is specified, summary conviction offences are punishable by a fine of up to $2,000 or six months' jail or both.
Also if you are convicted of a summary conviction offence as an adult, you are eligible for a pardon three years from the time you complete your sentence (e.g., payment of fine or restitution, completion of probation).
Conviction of an indictable offence exposes you to greater penalties.
www.defencelaw.com /classification.html   (313 words)

  
 Canada Gazette
The indictable offences that are to be excluded from the definition of "designated offence" are to be prescribed in regulations made by the Governor in Council under the authority of a new subsection 462.3(2) that was added to the Criminal Code by Bill C-24 (c.
In some cases, the proceeds derived from the commission of the excluded offence are subject to particular procedures contained in the statute in which that offence is found.
In other cases, the offences are part of a regulatory context based on enforcement involving an administrative and monetary penalty structure.
gazetteducanada.gc.ca /partII/2002/20020213/html/sor63-e.html   (891 words)

  
 How to Process an Indictable Appeal
Affidavit of service is a statement sworn or affirmed, that the document to which it refers was delivered to the opposing party and indicating when, where and how such delivery was made.
Indictable offence is a more serious criminal charge as distinguished from a summary offence.
Summary conviction offence is an offence of less serious nature as distinguished from an indictable offence and carries a lesser penalty.
www.ontariocourts.on.ca /court_of_appeal/selfhelp/indictable.htm   (1792 words)

  
 Glossary   (Site not responding. Last check: 2007-10-21)
Criminal offence - A legal wrong that can be followed by criminal proceedings which may result in punishment.
Indictable Offence - The more serious crimes triable by judge and jury and prosecuted by the Crown in the District or Supreme Court.
Summary Offence - A minor criminal offence that is dealt with only by a magistrate.
www.scu.edu.au /schools/edu/student_pages/2000/bwoodham/glosry.htm   (275 words)

  
 ecd1202a - Break and Enter and Similar Offences Exercise - Answers
The offence is possession of break-in instrument, Sub-section 351(1) C.C. The onus of proof lies upon the young man to establish that he had the instrument for a lawful purpose.
The offence committed is break, enter and commit the indictable offence of theft, Paragraph 348(1)(b) C.C. Key words: have already been researched
Section 354 or 355 C.C. The offence committed by Crofton is break, enter and commit the indictable offence of theft.
www.rcmp-learning.org /docs/ecd1202a.htm   (298 words)

  
 Indictable offence -- Facts, Info, and Encyclopedia article   (Site not responding. Last check: 2007-10-21)
In ((law) legal proceedings consisting of the judicial examination of issues by a competent tribunal) trials for indictable offences, the accused normally has the right to a jury trial, unless they waive that right.
Compare (Click link for more info and facts about summary offence) summary offence.
In (Click link for more info and facts about English law) English law it is usual to use the term for those crimes the trial of which may be begun by an indictment.
www.absoluteastronomy.com /encyclopedia/i/in/indictable_offence.htm   (141 words)

  
 Law FAQS for Youth - Laws of Canada
This means that any citizen has a limited right to arrest another person if they are seen committing an indictable offence or if they believe on reasonable and probable grounds that someone is committing a crime.
Shoplifting is a common or street term given to the offence of theft under $5000.00.
Of the two, indictable offences are the more serious and the court procedures are a bit more complicated.If a person is convicted of an indictable offence, the possible sentences are more severe.
www.acjnet.org /youthfaq/shoplift.html   (1667 words)

  
 CLIA :: The Structure of our Court System
So a minor offence is dealt with in a lower court, where it takes less time and costs everyone less money.
There are other criminal offences where the accused may elect to be tried in either Provincial Court or in the Supreme Court.
The Supreme Court of Prince Edward Island is a superior court with the authority to hear civil and criminal cases.
www.isn.net /cliapei/83b.html   (2230 words)

  
 s8 Accessories And Abettors Act 1861 'Aids Commission Of Indictable Offence'   (Site not responding. Last check: 2007-10-21)
Any person who aids, abets, counsels or procures the commission of an indictable offence shall be guilty of an offence.
Where a power of arrest exists for the indictable offence than this power would apply to this offence.
All the information contained herein is due to our own research and every effort has been made to ensure the accuracy of the information however the law changes and these changes may not be reflected here.
www.police-law.co.uk /law/policelaw.nsf/c3909bfc0fa17f3d80256db30073557e/2ba34743be30d5d3c1256c4e0032aa7a!OpenDocument   (124 words)

  
 Criminal Injury Compensation.
This means that the Criminal Code applies to all offences that occurred between 1969 and 17 December 1995 and COVA applies to all offences that occurred on or after 18 December 1995.
The prescribed amount for offences that occurred during this period is $5000.
Again, this depends on when the offence was committed because that governs which piece of legislation applies to you.
www.justice.qld.gov.au /ourlaws/factsheets/L07cic.htm   (1468 words)

  
 Guidelines and Circulars
Section 25 of the OSCO extends the money laundering offence to cover the proceeds of all indictable offences in addition to drug trafficking.
The effect of these provisions is that any persons, including authorised institutions, should no longer restrict themselves to reporting only suspicious transactions related to drug trafficking.
They should report all transactions suspected to be related to "indictable offences" in general.
www.info.gov.hk /hkma/eng/guide/guide_no/guide_331b.htm   (254 words)

  
 Lords Hansard text for 3 Sept 1998 (180903w05)
What proportion of (a) all offenders, (b) adult male offenders, (c) adult female offenders, and (d) male offenders of all ages sentenced for indictable offences were sentenced to custody at all courts, Crown Courts and magistrates' courts
(20) The data are based on the sentences given for the principal offence.
The figures in the table relate to all types of crimes and offences for which a charge was proved.
www.publications.parliament.uk /pa/ld199798/ldhansrd/vo980903/text/80903w05.htm   (511 words)

  
 Ofensa indictable   (Site not responding. Last check: 2007-10-21)
En muchas jurisdicciones de la ley común, una ofensa indictable es una ofensa que se puede intentar solamente en una acusación.
En los ensayos para las ofensas indictable, acusado normalmente tiene la derecha a un ensayo del jurado, a menos que él renuncie eso a la derecha.
Las ofensas para las cuales se requiere una acusación se llaman ' indictable solamente '.
www.yotor.net /wiki/es/of/Ofensa%20indictable.htm   (103 words)

  
 ODCE - Decision   (Site not responding. Last check: 2007-10-21)
The Director has issued final guidance to auditors on their duty to report to him where they have reasonable grounds for believing that an indictable offence has been committed under the Companies Acts.
In addition to the guidance, the Decision Notice also includes a comprehensive schedule of indictable offences under the Companies Acts and an Indictable Offences Report Form.
Click here to download a PDF Version of the Indictable Offences Report Form.
www.odce.ie /publications/decision.asp   (449 words)

  
 RTA's zero tolerance drug policy by johnstreetdownunder   (Site not responding. Last check: 2007-10-21)
Indictable offence - medium to most serious offences.
I think, like flat chat redrum is C3 (Supreme), mans laughter settles with C2, and classics such as extortion C2 or C3 depending on severity.
To sample for DNA you need to be arrested for an indictable offence.
www.overgrow.com /edge/showpost/p-4886673.html   (299 words)

  
 DAIRY PRODUCE ACT 1986 SECT 117 Indictable offences
An offence against or arising under section 54 is an indictable offence.
Notwithstanding that an offence referred to in subsection (1) is an indictable offence, a Court of Summary Jurisdiction may hear and determine proceedings in respect of the offence if the Court is satisfied that it is proper to do so and the defendant and the prosecutor consent.
Where a Court of Summary Jurisdiction convicts a person of an offence referred to in subsection (1), the maximum penalty that the Court may impose is:
pandora.nla.gov.au /pan/23846/20020402/www.austlii.edu.au/au/legis/cth/consol_act/dpa1986148/s117.html   (150 words)

  
 Summary Offence Encyclopedia Article, Definition, History, Biography   (Site not responding. Last check: 2007-10-21)
Looking For summary offence - Find summary offence and more at Lycos Search.
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www.karr.net /encyclopedia/Summary_offence   (256 words)

  
 Report of the Royal Commission appointed to consider the law relating to indictable offences, with an appendix ...
Report of the Royal Commission appointed to consider the law relating to indictable offences, with an appendix containing a draft code embodying the suggestions of the Commissioners
introductory provisions; V. titles ii and iii - offences against public order and the administration of justice; VI.
title v - offences against the person; VIII title vi - offences against rights of property and by contract; VII procedure.
www.bopcris.ac.uk /bopall/ref6721.html   (150 words)

  
 LoGISTICS, Vol. 01 No. 01   (Site not responding. Last check: 2007-10-21)
is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, or is guilty of an offence punishable on summary conviction.
According to the law, if you use a computer system that you weren't suppose to, and you know it, then you're guilty of an offence and could be liable to imprisonment "for a term not exceeding ten years".
Another interesting question is whether the password has to be given to anyone at all in order to constitute an offence under section 342.1.
www.catalaw.com /logic/docs/log-late.htm   (2776 words)

  
 Duhaime's Canadian Law Dictionary : I
An offence which, in Canada, is more serious than those which can proceed by summary conviction.
Murder and treason are examples of crimes committed in Canada which would be indictable offences.
These crimes are usually tried by federally-appointed judges and carry heavy sentences.
www.duhaime.org /dictionary/dict-i.aspx   (917 words)

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