Sentences with phrase «if accused»

What happens if an accused refuses to pay the fines?

The state can not simply be allowed to presume guilt on the part of an accused and thereafter assess a penalty, even if the accused seems to be patently, not latently, obviously guilty on the surface.

The California courts may consider underlying factors when looking at the list above, such as if there is history of domestic violence custody may still be considered if the accused parent has successfully complete a treatment program, etc..

And it can be incarceration with no end in sight — potentially for far longer than if the accused had been convicted and sentenced for the alleged crime.

The latter consists of determining if the accused are «those who may bear the greatest responsibility for the alleged crimes committed» (see e.g. Article 53 (1) Report related to the Flotilla incident, paras. 133, 135).

Needless to say, this can get quite expensive, and that's without the court costs you might face if accused of criminal negligence.

This is another term for bail hearing, where the judge decides if an accused person is being released from custody before their trial or sentencing.

A surety is a person who has signed a written promise to pay the court a specified amount of money if the accused person breaches their release order.

If the accused is able to show the police are being dishonest it's very helpful to gain exclusion when you don't have to also explain why they're being dishonest.»

But, what if the accused takes his own steps to pierce the veil of informer privilege?

impact on the accused from delay in proceedings, particularly if the accused is in custody; · conduct of counsel, e.g. if counsel gave reasonable notice to the accused to allow the accused to seek other means of representation, or if counsel sought leave of the court to withdraw at the earliest possible time; · impact on the Crown and any co ‑ accused; · impact on complainants, witnesses and jurors; · fairness to defence counsel, including consideration of the expected length and complexity of the proceedings; · the history of the proceedings, e.g. if the accused has changed lawyers repeatedly.

Under s. 59 (2), if a accused can not afford to pay the fine the judge can impose a less fine, which is contrary to what this court ruling claims.

If an accused is given a marijuana ticket and if they can pay the fine in 30 days, then their court records must be sealed.

If the accused is a youth, he or she will be taken to the Manitoba Youth Centre (170 Doncaster Street).

The surety makes a promise to the Court that if the accused breaches bail conditions or fails to attend Court when required, the surety will be liable for a monetary amount to the Crown.

In a criminal trial, 12 jurors hear the evidence and decide if the accused person is guilty or not guilty.

If an accused is denied bail, he or she can appeal the decision to the Court of Queen's Bench.

If the case is dropped, or if the accused is found not guilty (which is also known as being «acquitted»), then the accused is vindicated and is able to walk out a free man or woman.

The Importance of Bail Hearings If an accused is granted release from custody, he or she will be free (subject to the bail conditions) to go about their normal day to day lives until his or her matter is resolved.

If the accused is convicted of a criminal offence, the judge will decide what sentence they get.

The SCC has confirmed the innocence of the accused exception to privilege and have established a test: (i) the threshold question of whether the accused can show that the communication is relevant to his or her defence and is otherwise unavailable must be satisfied; (ii) assuming the threshold test is met, the accused must establish an evidentiary basis upon which the court could conclude that a communication exists that could raise a reasonable doubt as to his or her guilt; and (iii) if the accused can satisfy step (ii), the court will examine the information to determine whether the information is likely to raise a reasonable doubt as to the accused's guilt or whether there is a genuine risk of a wrongful conviction.

A surety or an accused may promise an amount of money (with or without deposit) that may be forfeited if the accused does not comply with the conditions of release, including not attending court.

If an accused person faces possible incarceration resulting from breaches of the Act, should criminal law disclosure obligations not apply to Commission Staff?

The Prosecutor should also consider whether a custodial sentence would be appropriate if the accused is subsequently found guilty.

A surety is a person who assumes responsibility for the accused's compliance with their conditions of release by promising to pay a sum of money if the accused breaches any of those conditions.

If an accused person enters a guilty plea in the criminal context because the crown does not disclose material information relevant to the case against the accused, the accused may succeed in having the guilty plea withdrawn.

If an indication is given, the judge should make it clear that if the defendant is later assessed as «dangerous», the sentences mandated by CJA 2003 — an indeterminate or extended sentence — will be imposed and that, if the accused is assessed as dangerous, the indication can only relate to the notional determinate term which will be used in the calculation of the minimum specified period the offender would have to serve before he may apply to the Parole Board to direct his release or, in a case where an extended sentence is the only lawful option, it will relate to the appropriate custodial term within the extended sentence — that is, the indication does not encompass the length of any extension period during which the offender will be on licence following his release.Criminal Justice Act 2003 (Commencement No 16) Order 2007 (SI 2007/1999) Section 29 of CJA 2003 creates (in the case of public prosecutions only) a new method of commencing criminal proceedings — written charge and requisition, to replace laying an information and issuing a summons.

What it did say was that if the accused wouldn't admit what happened and try to make it right, he would either pursue it though a civil lawsuit, through the Criminal Injuries Compensation Board or by going to the police.

Your completed Victim Impact Statement may be given to the judge at sentencing if the accused is found or pleads guilty, and can also be used at bail and parole hearings.

If the accused party fails to comply with each stipulation in the protection order, severe consequences will follow.

about What happens in court if an accused wants to agree to a peace bond so that the Crown will withdraw the charge (s)?

For example, they might look at whether the accused has a criminal record, how serious the charges are, if the accused is already facing other charges at the time of their arrest, or whether there are reasons to believe the accused won't show up for their court date.

If the accused:

Funds do not automatically default to the crown if the accused is rearrested for another offence or alleged to have breached a condition of his or her release.

New Jersey prosecutors are taught in their training that it will be more difficult to prosecute a case if the accused has a lawyer.

If the accused is released on bail with a surety to supervise them, they sometimes have to live with their surety.

By doing this, the surety risks losing some or all of the money they have promised to the court if the accused doesn't follow one or more of the bail conditions or fails to show up to court when required.

However, variations can only be done if the Crown agrees to the change, or if the accused applies to a higher court for a review and that court orders the change.

If an accused is released on bail, the bail conditions are not just in place until they make their first appearance in court.

For example if the accused is charged with assault, the conditions will likely include:

If an accused is convicted of sexual interference as a summary conviction offence the maximum penalty that can be imposed is 18 months» imprisonment and the minimum that can be imposed is 90 days» imprisonment.

If the accused was intoxicated at the time of the offence, it could be argued that they were unable to form the intention required by this offence due to their intoxication.

If the accused appears at the required court hearings, the court refunds the money to the person or company who provided the bail.

And if the accused is convicted, he or she not only faces decades behind bars, but also a lifetime requirement to register as a sex offender.

If an accused is convicted of incest the maximum penalty that can imposed is 14 years» imprisonment and the minimum penalty that can be imposed is 5 years» imprisonment.

If the accused is convicted of invitation to sexual touching as an indictable offence the maximum penalty that can imposed is 10 years» imprisonment and the minimum penalty that can be imposed is 1 years» imprisonment.

The protocol outlines what you can expect throughout the criminal justice process, from the time you report a crime through the police investigation, court proceedings and, if the accused is found guilty, provincial and federal corrections and the National Parole Board.

To decide if the accused will be allowed to post bail — and how much the bail will be — there may be a bail hearing after the arrest and booking processes have taken place.

If an accused is convicted of sexual exploitation as a summary conviction offence the maximum penalty that can be imposed is 2 years» less a days» imprisonment and the minimum that can be imposed is 90 days» imprisonment.

If the accused can not or does not wish to pay the bail amount with his own funds, he may secure a bail bond, which typically includes a non-refundable fee of about 10 percent; this fee varies from bail bondsman to bail bondsman.