Sentences with phrase «summary offences»

There appears to be no reason why, in law, the military fails to recognise the existence of summary offences for the purposes of military law.

A few summary conviction offences (called super summary offences) carry a penalty of 18 months of imprisonment.

Other offences have a wide range of penalties and can be pursued either by indictment or by way of summary offence.

Summary offences punishable by up to three months imprisonment and a maximum # 5,000 fine are created in relation to financial institutions which fail to notify the Treasury of certain information relating to designated persons coming into its possession in the course of business.

As a student at Western, Scott defended citizens of London that had been charged with summary offences who's financial situation had disqualified them from any legal aid.

Certain statements suggest The Law Society appears to believe lawyers who deal with minor summary offences and administrative hearings — the types of cases most lawyers are dealing with everyday — do not exist.

There is an implication in AA 1955, s 70 that the law does acknowledge summary offences as it is this section which, for instance, incorporates the Criminal Justice Act 1988, s 39 which describes this offence as a summary only offence.

Small claims cases up to $ 25,000, summary offence criminal matters (such as assault, shoplifting, etc.) and bylaw infractions.

Proceedings on summary offences must commence within six months of the incident date unless the Crown and Defence agree to waive the time limitation.

When the Animal Welfare Act 2006 comes into force on 8 April 2007, it will repeal PAA 1911 and bring into effect a new summary offence of unnecessary suffering, which will penalise pet owners or carers whose act or omission causes unnecessary suffering to the animal in circumstances where they «knew or ought reasonably to have known, that the act, or failure to act, would have that effect or be likely to do so» (s 4 (1)(b)-RRB-.

Some of the changes include raising the non refundable application fee from $ 150 to $ 631, doubling the crime - free waiting period to 10 years before a serious offender can apply to suspend indictable convictions, and from 3 years to 5 years for summary offences.

Both are summary offences punishable by a fine.

The CO should be kept in his current judicial role, however, the concept of summary offences should be incorporated into the military jurisdiction.

The current legislation states that the theft of all items below # 200 should be treated as a summary offence.

This means that you can be prosecuted by the Crown Attorney with an indictable offence (very serious), or with a summary offence (less serious).

For example, with the amounts they picked for marijuana for the summary offence, «it's not even criminal in their view, but they're going to make it criminal to prevent a crime from happening.

A designated person or any other person requested to do so may commit a summary offence by failing to produce information requested by the Treasury or by providing false information, destroying documents or obstructing the Treasury in the exercise of its powers.

Although no prosecution can be started without the consent of the Attorney General (unless it is a summary offence punishable only in the magistrates courts), a person may be arrested and remanded in custody pending such consent.

On the other hand, it is not necessary that the conduct be violent or likely to lead to violence since behaviour with that effect constitutes the more serious offence described by s 3 of the Summary Offences Act.

The appellant was first charged with acts intended to intimidate a person but, after hearing the evidence, the District Court Judge exercised his power to amend the charge to one of disorderly behaviour under s 4 (1)(a) of the Summary Offences Act 1981.

It is fair to acknowledge that the Chief Justice was well aware that the law provides protection to the privacy of individuals and she instanced the Trespass Act 1980, the Harassment Act 1997 and provisions in the Summary Offences Act 1981, including the one with which the appellant had first been charged.

In that case, the appellant had been convicted of offensive behaviour under s 4 (1)(a) of the Summary Offences Act 1981, the same section under which Brooker had also been charged.

Where a summary offence is tried with an indictable offence (pursuant to s 40 of the Criminal Justice Act 1988), but the judge rules that there is no case to answer on the indictable offence, the summary offence does not have to be withdrawn from the jury and retried before a magistrates» court.

The penalty for a summary offence would include a fine of up to $ 50,000 and / or two years in prison.

Persuading an RCMP officer to desert is a summary offence (§ 56), but inciting to mutiny is an indictable offense (§ 53), for which there is no time limit on prosecution.

By s 97 (6), a person who contravened the section would be guilty of a summary offence.

Summary offences are minor crimes while indictable offences are more serious crimes.

Assault with a weapon or causing bodily harm could be either an indictable or summary offence, depending what the Crown chooses.

If the Crown decides it is a summary offence, then the maximum penalty is either a fine or 6 months in jail, or both.

You can apply for a pardon if 3 years has passed since completing the sentence for a summary offence, 5 years for an indictable offence and you have not had any other new charges or convictions during the 3 or 5 years.

Whereas the old two - year mark meant only those sentenced to federal penitentiaries were denied an appeal to the immigration board, the new six - month cutoff captures some driving offences and even some summary offences.

The system as it stands is open to criticism on the basis that there is no strict forum for offences, ie requiring that summary offences are dealt with summarily by a CO and indictable offences are dealt with by a DCM or GCM.

Given the distinction between summary offences and indictable offences, the maximum penalties for summary offences will always be less than indictable.

And there is such a crime as «accessory» to summary offences?

The Crown prosecutor will look at the facts of the case and decide whether to charge the person with an indictable or summary offence.

Under s. 334 (b) of the Criminal Code, if a person is found guilty of taking something worth less than $ 5000, he or she can be found guilty of either an indictable offence or a summary offence.

If a person charged under s. 334 (b) is found guilty of a summary offence, then he could be fined up to $ 2000 and could be sent to prison for 6 months or less.

If the person is charged with the summary offence of fraud under $ 5000, he can be fined up to $ 2000 and sentenced to a jail term of six months or less.

Indictable offences are considered more serious than summary offences.

The offences of cruelty to animals under PAA 1911, s 1 (1)(a) are summary offences.

Offences of cruelty to animals might be said to be easier to prove than those of cruelty to children because of their objective fault requirement, but they are summary offences and may therefore be regarded as being less serious.

(see INDICTABLE OFFENCE, SUMMARY OFFENCE) An offence for which the accused may elect the case to be dealt with either summarily by the magistrates or by committal to the Crown Court to be tried by jury

This search may include both indictable and summary offences and may locate convictions that are not listed on the RCMP National Repository of Criminal Records.