Province of British Columbia:
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| This archived statute consolidation is current to November 10, 1992 and includes changes enacted and in force by that date. |
1. In this Act
"clerk of the peace" includes the proper officer of the court having jurisdiction in appeal under this Act;
"common jail" or "prison" means any place other than a penitentiary in which persons charged with offences are usually kept and detained in custody;
"Criminal Code" means the Criminal Code (Canada), and amendments to it;
"district" or "county" includes any territorial or judicial division or place in and for which there is a judge, justice, justice's court, officer or prison as is mentioned in the context;
"enforcement officer" means any person or class of persons designated as an enforcement officer under section 121.1;
"informant" means the person who lays an information or an enforcement officer who signs a violation ticket;
"information" includes
(a) a violation ticket,
(b) a count in an information or in a violation ticket, and
(c) a complaint in respect of which a justice is authorized to make an order;
"justice" means a justice of the peace, and includes 2 or more justices, if 2 or more justices act or have jurisdiction, and also a judge of the Provincial Court or any person having the power or authority of 2 or more justices of the peace;
"order" means any order, including an order for the payment of money;
"proceedings" means
(a) proceedings in respect of offences; and
(b) proceedings where a justice is authorized by an enactment to make an order;
"prosecutor" means an informant or the Attorney General or their respective counsel or agents;
"superintendent" means the Superintendent of Motor Vehicles;
"territorial division" means district, county, township, city, town or other judicial division or place;
"trial" includes the hearing of a complaint;
"violation ticket" means a violation ticket referred to in section 14.
Historical Note(s): RS1960-373-2; 1966-45-22; 1969-28-36; 1971-59-1; 1972-60-1; 1982-38-1, effective December 12, 1986 (B.C. Reg. 271/86); 1982-46-29; 1987-42-85, effective October 14, 1987 (B.C. Reg. 371/87); 1990-22-1.
2. An offence created under an enactment is punishable on summary conviction.
Historical Note(s): 1977-44-1.
3. (1) Except where otherwise provided by law, this Act applies to proceedings as defined in section 1.
(2) If no time is specially limited for making a complaint or laying an information in the Act or law relating to the particular case, no proceedings shall be instituted more than 6 months after the time when the subject matter of the proceedings arose.
(3) No action or suit shall be brought for a penalty or forfeiture under an Act except within 6 months after the cause of action arises, unless the time is otherwise limited by the Act.
Historical Note(s): RS1960-373-4; 1974-91-1A.
4. Unless otherwise specifically provided in an enactment, a person who is convicted of an offence is liable to a fine of not more than $2,000 or to imprisonment for not more than 6 months, or to both.
Historical Note(s): 1977-44-2.
4.1 Notwithstanding section 4 or the provisions of any other Act, no person is liable to imprisonment with respect to an absolute liability offence.
Historical Note(s): 1990-34-10.
5. A person who contravenes an enactment by doing an act that it forbids, or omitting to do an act that it requires to be done, commits an offence against the enactment.
Historical Note(s): 1980-1-19, proclaimed effective September 22, 1980.
7. (1) Every person who is taken into custody by a peace officer shall be entitled, on request to the person responsible for his custody, to have access to and the private use of a telephone as soon as possible at least once during the first 12 hours of his custody.
(2) A person who, without reasonable excuse, hinders or prevents a person in custody from exercising the right referred to in subsection (1), commits an offence under this Act.
Historical Note(s): 1970-46-1.
8. Every justice has jurisdiction to try, determine and adjudge proceedings to which this Act applies in the territorial division over which the justice has jurisdiction.
Historical Note(s): RS1960-373-7.
9. For this Act, where an offence is committed
(a) in or on any water or on a bridge between 2 or more territorial divisions, the offence is deemed committed in any of the territorial divisions;
(b) on the boundary of 2 or more territorial divisions or within 450 m of a boundary, or the offence was commenced in one territorial division and completed in another, the offence is deemed committed in any of the territorial divisions.
Historical Note(s): RS1960-373-8; 1977-53-1.
10. (1) Judicial notice shall be taken of
(a) a proclamation or order of the Lieutenant Governor in Council;
(b) a regulation made by the Lieutenant Governor in Council under an Act of the Province;
(c) a regulation made under an Act of the Province;
(d) a regulation published in the Gazette.
(2) Judicial notice shall be taken of publication of any of the matters referred to in subsection (1).
(3) No order or conviction shall be quashed or set aside, and no defendant shall be discharged, by reason only that evidence has not been given of any of the matters referred to in subsection (1).
Historical Note(s): RS1960-373-9.
11. Subject to the Motor Vehicle Act, proceedings shall be commenced by the laying of an information in Form 2 or by means of a violation ticket under section 14.
Historical Note(s): 1982-38-2, effective December 12, 1986 (B.C. Reg. 271/86); 1990-22-2.
12. Notwithstanding any other law that requires an information to be laid before or to be tried by 2 or more justices, one justice may
(a) receive the information;
(b) issue a summons or warrant with respect to the information; and
(c) do all other things preliminary to the trial.
Historical Note(s): RS1960-373-10(2).
13. (1) The information
(a) shall be in writing and, except for an information laid by means of a violation ticket under section 14, be under oath, and
(b) may charge more than one offence or relate to more than one matter of complaint; but where more than one offence is charged or the information relates to more than one matter of complaint, each offence or matter of complaint, as the case may be, shall be set out in a separate count.
(2) No information in respect of an offence for which by reason of previous convictions a greater punishment may be imposed shall contain any reference to previous convictions.
Historical Note(s): RS1960-373-11; 1990-22-3.
14. (1) An enforcement officer may complete and sign a violation ticket for contravention of an enactment referred to in the regulations.
(2) A violation ticket is valid even though it is not taken under oath.
(3) A violation ticket shall be in the prescribed form and contain
(a) a statement of the alleged contravention,
(b) a statement of the amount of the fine prescribed under this section with respect to the alleged contravention,
(c) an address to which a notice disputing the allegation or fine may be delivered, and
(d) [Not in force.]
(4) The violation ticket shall be sent to the superintendent and a copy of it served on the person alleged to have contravened the enactment.
(5) An enforcement officer may serve a copy of the violation ticket on the person alleged to have contravened the enactment immediately after the alleged contravention or may cause the copy to be served in the same manner as a summons is required to be served under this Act.
(6) The use on a violation ticket of
(a) any word or expression authorized by the regulations made under this Act or another Act to designate an offence, or
(b) a general description of an offence
shall be deemed sufficient for all purposes to describe the offence designated by that word or expression.
(7) The person on whom the violation ticket is served may
(a) dispute an allegation or the amount of a fine indicated on the ticket in accordance with section 14.1, or
(b) pay a fine indicated on the violation ticket in accordance with the prescribed instructions.
(8) Where a person pays a fine or a portion of a fine in accordance with subsection (7), the person shall be deemed to have pleaded guilty to the alleged contravention.
(9) For the purpose of this section, the Attorney General in consultation with the chief judge of the Provincial Court may prescribe a fine for contravention of an enactment.
(10) Where a minimum or maximum fine is established by an enactment, the fine prescribed under subsection (9) shall not be less than the minimum or more than the maximum fine established by the enactment.
Historical Note(s): 1990-22-4; 1992-31-14.
14.1 (1) A person on whom a violation ticket has been served may, within 30 days of being served, dispute the allegation or the amount of the fine contained in the ticket by
(a) delivering or causing to be delivered to the address set out in the ticket a written notice of dispute, or
(b) appearing in person at the location set out in the ticket to give notice of dispute.
(2) A notice of dispute under subsection (1) must contain an address for the person disputing the allegation or fine and sufficient information to identify the violation ticket and the alleged contravention or the fine being disputed.
(3) For the purpose of subsection (1), a notice of dispute that is delivered by mail shall be deemed to have been delivered on the date on which it was mailed.
(4) When the notice of dispute containing the information referred to in subsection (2) is delivered to the address set out in the violation ticket or given at the location set out in the violation ticket, a copy of the violation ticket shall be referred to the Provincial Court for a hearing.
(5) Notice of the hearing under subsection (4) shall be sent to the person disputing the allegation or fine at the address set out in the notice of dispute.
(6) A copy of a violation ticket referred to the Provincial Court under subsection (4) may be
(a) a microfilm or other photographic reproduction of the violation ticket that is certified in writing by the superintendent as being a true reproduction of the ticket, or
(b) a printed reproduction of electronically stored information that is certified in writing by the superintendent as being a true reproduction of all the information on the violation ticket
and the reproduction shall be deemed to be a copy of the violation ticket.
(6.1) When the Provincial Court receives a copy of a violation ticket, the court has jurisdiction to try, determine and adjudge proceedings relating to the violation ticket in accordance with section 8.
(7) If a person appears at a hearing before the Provincial Court to dispute an allegation or fine in a ticket, section 51 does not apply with respect to the person and the court has jurisdiction to hear the dispute without examining the notice of dispute or the notice of the hearing or inquiring into the service of the ticket on the person.
(8) If a person fails to appear at a hearing of the matter before the Provincial Court to dispute the allegation or fine, the person may, within 30 days after the date set for the hearing, appear before a justice for a determination of whether or not the failure to appear at the hearing was the person's fault, and where the justice is satisfied by affidavit in the prescribed form that the failure to appear at the hearing was not the person's fault, the justice shall
(a) cause a new date to be set for the hearing, and
(b) order the superintendent to cancel or cease any administrative action that has been taken or commenced as a consequence of the person's failure to appear at the hearing.
(9) If a person fails to appear before the Provincial Court to dispute the allegation or fine on the date of the hearing referred to in subsection (4) or on a new date set under subsection (8), as the case may be, the allegation or fine shall be deemed not to be disputed and section 14.2 (1) applies.
Historical Note(s): 1990-22-4; 1992-31-15.
14.2 (1) Where a person is served with a violation ticket under section 14, and
(a) does not pay the fine or portion of the fine or dispute the allegation or fine in accordance with section 14.1, and
(b) at least 30 days have elapsed after the ticket was served on the person,
the person shall be deemed to have pleaded guilty to the alleged contravention and the fine indicated in the ticket is payable to the Crown as if it were a fine imposed by the Provincial Court.
(2) Where a person who is served with a violation ticket, through no fault of the person's, has not had an opportunity to dispute the allegation or the amount of the fine and not more than 14 days have elapsed since the expiry of the dispute period referred to in section 14.1, the person may appear before a justice and the justice, on being satisfied by affidavit in the prescribed form of the facts, shall strike out the conviction, if any, and allow the person to dispute the allegation or the amount of the fine in accordance with section 14.1.
(3) Where a conviction is struck out under subsection (2), the justice shall on request give the person a certificate of the fact in the prescribed form.
(4) Nothing in subsection (1) shall be construed as abrogating the right of a person to appeal the conviction under section 92 of this Act.
Historical Note(s): 1990-22-4.
14.3 Where a person is deemed to have pleaded guilty to an alleged contravention under section 14 (8) or 14.2 (1) or is found guilty of an alleged contravention by the Provincial Court, no minute or memorandum of the conviction need be drawn up or entered unless it is required by the person or a prosecutor or under the enactment contravened.
Historical Note(s): 1990-22-4.
14.4 (1) The superintendent shall cancel a violation ticket that does not disclose an offence on its face.
(2) The superintendent may cancel a violation ticket
(a) that, through no fault of the person named on the ticket, was served on a person other than the person so named, and
(b) in respect of which the person named on the ticket was deemed to have pleaded guilty under section 14 (8) or 14.2 (1).
(3) A violation ticket that has been cancelled under this section is void and any conviction with respect to the ticket shall be deemed never to have occurred.
Historical Note(s): 1990-22-4.
15. (1) Nothing in this Act or any other law requires a justice before whom proceedings are commenced, or who issues process before or after the trial, to be the justice or one of the justices before whom the trial is held.
(2) Where 2 or more justices have jurisdiction with respect to proceedings, they shall be present and act together at the trial, but one justice may after that do anything that is required or is authorized to be done in connection with the proceedings.
(3) Subject to section 16, no justice other than the justice before whom the trial is commenced has jurisdiction for the trial and adjudication, but any justice may adjourn the proceedings at any time
(a) before the plea of the defendant is taken; or
(b) after the plea of the defendant is taken but before the trial is commenced,
and a justice who adjourns the proceedings under paragraph (a) or (b) is not seized of the matter.
Historical Note(s): RS1960-373-12; 1963-45-2; 1972-60-3.
16. (1) Where a trial is commenced before a justice and that justice dies or is for any reason unable to continue the trial, another justice for the same territorial division may act in the place of the justice before whom the trial was commenced.
(2) A justice who, under subsection (1), acts in the place of a justice before whom a trial was commenced
(a) shall, if an adjudication has been made by the justice in whose place he acts, impose the punishment or make the order that, in the circumstances, is authorized by law; or
(b) shall, if an adjudication has not been made by the justice in whose place he acts, commence the trial again as a trial de novo.
Historical Note(s): RS1960-373-13.
17. (1) A justice who is satisfied by information on oath in Form 1 that there is reasonable ground to believe that there is in a building, receptacle or place
(a) anything on or in respect of which an offence has been or is suspected to have been committed; or
(b) anything that there is reasonable ground to believe will afford evidence as to the commission of such an offence
may at any time issue a warrant under his hand authorizing a person named in it or a peace officer to search the building, receptacle or place for that thing, and to seize and carry it before the justice who issued the warrant or another justice for the same territorial division, to be dealt with by him according to law.
(2) Where the building, receptacle or place in which anything mentioned in subsection (1) is believed to be in another territorial division, the justice may issue his warrant in a similar form, modified according to the circumstances, and the warrant may be executed in the other territorial division after it has been endorsed in Form 25 by a justice having jurisdiction in that territorial division.
(3) An endorsement that is made on a warrant under subsection (2) is sufficient authority to the peace officers to whom it was originally directed and to all peace officers within the jurisdiction of the justice by whom it is endorsed to execute the warrant and to take the things to which it relates before the justice who issued the warrant or some other justice for the same territorial division.
(4) A warrant issued under this section shall be executed by day, unless the justice by the warrant authorizes execution of it by night.
(5) A search warrant issued under this section may be in Form 5.
Historical Note(s): RS1960-373-14; 1987-42-86, effective October 14, 1987 (B.C. Reg. 371/87).
17.1 (1) Where a peace officer believes that an offence punishable on conviction has been committed and that it would be impracticable to appear personally before a justice to make application for a warrant in accordance with section 17, the peace officer may submit an information on oath by telephone or other means of telecommunication to a justice designated for that purpose by the chief judge of the Provincial Court.
(2) An information submitted by telephone or other means of telecommunication shall be on oath and shall be recorded verbatim by the justice who shall, as soon as practicable, cause the record or a transcription of it certified by the justice as to time, date and contents to be filed with the clerk of the court for the territorial division in which the warrant is intended for execution.
(3) An oath under subsection (2) may be administered by telephone or other means of telecommunication.
(4) An information on oath submitted by telephone or other means of telecommunication shall include
(a) a statement of the circumstances that make it impracticable for the peace officer to appear personally before a justice,
(b) a statement of the offence alleged, the place or premises to be searched and the items alleged to be liable to seizure,
(c) a statement of the peace officer's grounds for believing the items liable to seizure in respect of the offence alleged will be found in the place or premises to be searched, and
(d) a statement as to any prior application for a warrant under this section or any other search warrant, in respect of the same matter, of which the peace officer has knowledge.
(5) A justice who is satisfied that an information submitted under this section
(a) concerns an offence punishable on conviction under an enactment,
(b) conforms to the requirements of subsection (4),
(c) discloses reasonable grounds for dispensing with an information presented personally and in writing, and
(d) discloses reasonable grounds, in accordance with section 17 (1) (a) or (b), for the issuance of a warrant in respect of an offence
may issue a warrant to a peace officer that
(e) confers the same authority respecting search and seizure as may be conferred by a warrant issued under section 17, and
(f) requires the warrant to be executed within a period of time as the justice may order.
(6) Where a justice issues a warrant by telephone or other means of telecommunication, the following applies:
(a) the justice shall complete and sign the warrant in Form 5.1, noting on its face the time, date and place where it is issued;
(b) the peace officer, on the direction of the justice, shall complete, in duplicate, a facsimile of the warrant in Form 5.1, noting on its face the name of the justice who issued it and the time, date and place where it was issued;
(c) the justice shall, as soon as practicable after the warrant has been issued, cause the warrant to be filed with the clerk of the court for the territorial division in which the warrant is intended for execution.
(7) A peace officer who executes a warrant issued by telephone or other means of telecommunication, shall, before entering the place or premises to be searched or as soon as practicable thereafter, give a facsimile of the warrant to any person present who appears to be in control of the place or premises.
(8) A peace officer who, in any unoccupied place or premises, executes a warrant issued by telephone or other means of telecommunication, shall, on entering the place or premises or as soon as practicable thereafter, cause a facsimile of the warrant to be suitably affixed in a prominent place within the place or premises.
(9) A peace officer to whom a warrant is issued by telephone or other means of telecommunication shall file a written report with the clerk of the court for the territorial division in which the warrant was intended for execution as soon as practicable but within a period not exceeding 7 days after the warrant has been executed, and the report shall include
(a) a statement of the time and date the warrant was executed or, if the warrant was not executed, a statement of the reasons why it was not executed,
(b) a statement of the things, if any, that were seized pursuant to the warrant and the location where they are being held, and
(c) a statement of the things, if any, that were seized in addition to the things mentioned in the warrant and the location where they are being held, together with a statement of the peace officer's grounds for believing that those additional things had been obtained by, or used in, the commission of an offence.
(10) The clerk of the court with whom a written report is filed under subsection (9) shall, as soon as practicable, cause the report, together with the information on oath and the warrant to which it pertains, to be brought before a justice to be dealt with, in respect of the things seized referred to in the report, in the same manner as if the things were seized pursuant to a warrant issued, on an information presented personally by a peace officer, by that justice or another justice for the same territorial division.
(11) In any proceeding in which it is material for a court to be satisfied that a search or seizure was authorized by a warrant issued by telephone or other means of telecommunication, the absence of the information on oath, transcribed and certified by the justice as to time, date and contents, or of the original warrant, signed by the justice and carrying on its face a notation of the time, date and place of issuance, is, in the absence of evidence to the contrary, proof that the search or seizure was not authorized by a warrant issued by telephone or other means of telecommunication.
Historical Note(s): 1989-75-1.
18. Every person who executes a warrant under section 17 or 17.1 may seize, in addition to the things mentioned in the warrant, anything that on reasonable grounds he believes has been obtained by or has been used in the commission of an offence and take it,
(a) in the case of a warrant under section 17, before the justice who issued the warrant or another justice for the same territorial division, or
(b) in the case of a warrant under section 17.1, before the justice before whom the report is brought under section 17.1 (10),
to be dealt with in the manner provided for in section 19.
Historical Note(s): 1989-75-2.
19. (1) Where anything that has been seized under section 18 or under a warrant issued under section 17 or 17.1 is brought before a justice, he shall, unless the prosecutor otherwise agrees, detain it or order that it be detained, taking reasonable care to ensure that it is preserved until the conclusion of any investigation or until it is required for trial, but nothing shall be detained under this section for more than 3 months after the seizure, unless, before the expiration of that period, proceedings are instituted in which the subject matter of detention may be required.
(2) Where a justice is satisfied that anything that has been seized under section 18 or under a warrant issued under section 17 or 17.1 will not be required for any purpose mentioned in subsection (1), he may, if possession of it by the person from whom it was seized is
(a) lawful, order it to be returned to that person; or
(b) unlawful,
(i) order it to be returned to the lawful owner or to the person who is entitled to possession of it; or
(ii) order it to be forfeited or otherwise dealt with in accordance with law where the lawful owner or the person who is entitled to possession of it is not known.
(3) Nothing shall be disposed of under subsection (2) pending any proceedings in which the right of seizure is questioned or within 30 days after an order is made under that subsection.
(4) Where anything is detained under subsection (1), the Supreme Court may, on summary application on behalf of a person who has an interest in what is detained, after 3 clear days' notice to the Attorney General, order that the person by or on whose behalf the application is made be permitted to examine anything detained.
(5) An order that is made under subsection (4) shall be made on terms that appear to the court necessary or desirable to ensure that anything in respect of which the order is made is safeguarded and preserved for any purpose for which it may subsequently be required.
(6) A person who considers himself aggrieved by an order made under subsection (2) may appeal from the order to the Supreme Court, and for the appeal sections 93 to 104 apply with the necessary changes and so far as applicable.
Historical Note(s): RS1960-373-16; 1989-40-165; 1989-75-3.
20. (1) A person may, on reasonable and probable grounds,
(a) lay an information before a justice
(i) that any person, being within the jurisdiction of that justice, has committed or is suspected of having committed an offence or act for which he is liable by law, on conviction, to be imprisoned, or fined or otherwise punished; or
(ii) that any person has committed or is suspected of having committed within the Province an offence or act for which he is liable by law, on conviction, to be imprisoned, or fined or otherwise punished; or
(b) make a complaint to the justice in relation to any matter on which he has authority by law to make an order for the payment of money or otherwise.
(2) The information or complaint may be in Form 2 or of similar effect.
Historical Note(s): RS1960-373-17; 1967-49-11.
21. (1) A justice who receives an information shall
(a) hear and consider ex parte
(i) the allegations of the informant; and
(ii) the evidence of witnesses where he considers it desirable or necessary; and
(b) issue, where he considers that a case for doing so is made out, a summons or warrant, as the case may be, to compel the defendant to attend before him.
(2) A justice who hears the evidence of a witness under subsection (1) shall
(a) take the evidence on oath; and
(b) have the evidence taken in accordance with section 468 of the Criminal Code in so far as that section is capable of being applied.
(3) No justice shall sign a summons or warrant in blank.
Historical Note(s): RS1960-373-18; 1972-60-9.
22. A summons may be in one of the prescribed forms and shall
(a) be directed to the defendant;
(b) set out briefly the offence in respect of which the defendant is charged; and
(c) require the defendant to appear at a time and place to be stated in it.
Historical Note(s): RS1960-373-19(1,2); 1982-38-4, effective December 12, 1986 (B.C. Reg. 271/86).
23. (1) Subject to subsection (3), a summons shall be served by a peace officer or enforcement officer, who shall deliver it personally to the person to whom it is directed, or, if that person cannot conveniently be found, shall leave it for him at his last or usual place of abode with an occupant of it who appears to be at least 16 years of age.
(2) For the purposes of the service of a summons in respect of an alleged offence under a bylaw of a municipality, a peace officer includes a bylaw enforcement officer appointed under section 29 of the Police Act.
(3) A summons in respect of an offence alleged under a bylaw of a municipality or regional district may be served in the manner set out in subsection (1) by a person appointed for that purpose by the council of the municipality or the regional board of the regional district.
(4) For the purposes of this section a person appointed under subsection (3) has the legal status of a peace officer.
Historical Note(s): RS1960-373-19(3); 1982-38-5, effective December 12, 1986 (B.C. Reg. 271/86); 1985-1-9, effective April 1, 1985 (B.C. Reg. 69/85); 1986-16-26, effective September 1, 1986 (B.C. Reg. 170/86).
24. (1) Subject to subsection (2), where the defendant is a corporation, the summons shall be served by delivering it to a director, or to a manager, secretary or other executive officer of the corporation or of a branch of it or on the attorney of an extraprovincial company, or, if after hearing evidence that such a person cannot be conveniently found a justice so orders, by leaving it at, or mailing it by registered post addressed to, the registered or principal office of the corporation.
(2) Where the defendant is a municipal corporation, the summons may be served by delivering it to the mayor, secretary treasurer or clerk of the corporation.
Historical Note(s): RS1960-373-19(4,5); 1968-12-7; 1971-59-2; 1972-60-4.
24.1 (1) Where there is any reference in this Act to service of a summons, appearance notice or promise to appear or to a summons, appearance notice or promise to appear being served, the reference shall be read as a reference to service of the summons, appearance notice or promise to appear or a copy of it, and a summons, appearance notice or promise to appear is sufficiently served if a copy of it is served.
(2) Where a copy of the summons, appearance notice or promise to appear is served, the certificate referred to in section 25 (1) (b) may be endorsed on another copy of or on the summons, appearance notice or promise to appear, as the case may be.
Historical Note(s): 1982-38-6, effective December 12, 1986 (B.C. Reg. 271/86).
25. (1) Service of a summons, violation ticket, appearance notice and promise to appear may be proved by
(a) the oral evidence given under oath of a person who served it, or
(b) the certificate of a person who served the summons, violation ticket, appearance notice or promise to appear, where the certificate is endorsed on a copy of the summons, violation ticket, appearance notice or promise to appear, and the certificate is proof of the authority of the person who signed it.
(2) Proof of service of a summons by affidavit as provided under this section as it was before the coming into force of section 31 of the Attorney General Statutes Amendment Act, 1981 continues to be effective in respect of affidavits sworn before the coming into force of section 31 of the Attorney General Statutes Amendment Act, 1981.
Historical Note(s): 1982-38-7, effective December 12, 1986 (B.C. Reg. 271/86); 1990-22-5.
26. A warrant or summons authorized by this Act may be issued or executed on a Sunday or statutory holiday.
Historical Note(s): RS1960-373-20.
27. Where a warrant is issued in the first instance for the arrest of a defendant, a copy of it shall be served on the person who is arrested under it.
Historical Note(s): RS1960-373-21.
28. (1) A warrant may be in Form 7 and shall
(a) name or describe the defendant;
(b) set out briefly the offence in respect of which the defendant is charged; and
(c) order that the defendant be arrested and brought before the justice who issued the warrant or before another justice having jurisdiction in the same territorial division, to answer to the charge and be further dealt with according to law.
(2) A warrant remains in force until it is executed and need not be made returnable at any particular time.
Historical Note(s): RS1960-373-22.
29. A warrant shall be signed by a justice and may be directed
(a) to a peace officer by name;
(b) to a peace officer by name and all other peace officers in the territorial jurisdiction of the justice; or
(c) generally to all peace officers within the territorial jurisdiction of the justice.
Historical Note(s): RS1960-373-23.
30. A justice may issue a warrant
(a) in Form 7 for the arrest of a defendant notwithstanding that a summons has already been issued to require the appearance of the defendant; or
(b) in one of the prescribed forms, where
(i) service of a summons is proved and the defendant does not appear;
(ii) it appears that a summons cannot be served because the defendant is evading service; or
(iii) service of an appearance notice or promise to appear is proved and the defendant does not attend court in accordance with the appearance notice or promise to appear.
Historical Note(s): RS1960-373-24; 1982-38-8, effective December 12, 1986 (B.C. Reg. 271/86).
31. (1) A warrant may be executed by arresting the defendant wherever he is found within the territorial jurisdiction of the justice by whom the warrant was issued.
(2) A warrant may be executed by a person who is the peace officer named in the warrant or one of the peace officers to whom it is directed, whether or not the place in which the warrant is to be executed is in the territory for which the person is a peace officer.
Historical Note(s): RS1960-373-25.
32. (1) Where a justice issues a warrant under this Act for the arrest of a defendant, he may authorize the release of the defendant under subsection (2) by making an endorsement on the warrant in Form 26.
(2) Where a person who has been arrested with a warrant issued under this Act is taken into custody, the officer in charge may, if the warrant has been endorsed by a justice under subsection (1), release the defendant on his giving his promise to appear.
(3) Where an enactment provides for the arrest of a person without the issuing of a warrant for his arrest and the person is taken into custody the officer in charge may, notwithstanding the enactment under which the arrest is made, release the person on his giving his promise to appear.
(4) A promise to appear shall be in a prescribed form.
(5) A person who fails to comply with the conditions set out in a promise to appear commits an offence.
(6) In this section "officer in charge" means the officer for the time being in command of the police force responsible for the lockup or other place to which a defendant is taken after arrest or a peace officer designated by him for this section who is in charge of the lockup or other place at the time the defendant is taken to that place to be detained in custody.
Historical Note(s): 1978-11-12; 1982-38-9, effective December 12, 1986 (B.C. Reg. 271/86).
32.1 (1) An appearance notice may be issued by
(a) a peace officer under section 121 (1) of the Motor Vehicle Act,
(b) a person where he has a power to arrest without warrant under an enactment, and
(c) an enforcement officer, for contravention of an enactment in respect of which the regulations under this Act allow him to issue an appearance notice.
(2) An appearance notice shall be in a prescribed form.
(3) A person who fails to comply with the conditions set out in an appearance notice commits an offence.
Historical Note(s): 1982-38-10, effective December 12, 1986 (B.C. Reg. 271/86).
33. (1) Where a person who is confined in a prison in the Province is required
(a) to stand his trial for an offence to which this Act applies; or
(b) to attend to give evidence in a proceeding to which this Act applies,
the Supreme Court or a justice may order in writing that the prisoner be brought before the justice before whom his attendance is required, as necessary, if
(c) the applicant for the order sets out the facts of the case in an affidavit and produces the warrant, if any; and
(d) the court or justice is satisfied that the ends of justice require that an order be made.
(2) An order that is made under subsection (1) shall be addressed to the person who has custody of the prisoner, and on receipt of it that person shall
(a) deliver the prisoner to a person named in the order to receive him; or
(b) bring the prisoner before the justice on payment of his reasonable charges in respect thereof.
(3) Where the prisoner is required as a witness, the court or justice shall direct in the order the manner in which the prisoner shall be kept in custody and returned to the prison from which he is brought.
(4) Where the appearance of the prisoner is required for the purposes of subsection (1) (a), the court or justice shall give appropriate directions in the order with respect to the manner in which the prisoner is to be returned if he is acquitted of the charge against him.
(5) Section 73 applies where a prisoner to whom this section applies is convicted and sentenced to imprisonment by the justice.
Historical Note(s): RS1960-373-26; 1989-40-166.
34. (1) Where a warrant for the arrest of a defendant cannot be executed in accordance with section 31, a justice in whose jurisdiction the defendant is, or is believed to be, shall, on application and on proof on oath or by affidavit of the signature of the justice who executed the warrant, authorize the execution of the warrant in his jurisdiction by making an endorsement, which may be in Form 25, on the warrant.
(2) An endorsement made on a warrant under subsection (1) is sufficient authority to the peace officers to whom it was originally directed and to all peace officers in the territorial jurisdiction of the justice by whom it is endorsed to execute the warrant and to take the defendant before the justice who issued the warrant or before another justice for the same territorial division.
Historical Note(s): RS1960-373-27.
35. Except where section 33 applies, sections 36 to 45, inclusive, apply where a person is required to attend to give evidence in a proceeding to which this Act applies.
Historical Note(s): RS1960-373-28.
36. (1) Where a person is likely to give material evidence in a proceeding to which this Act applies, a subpoena may be issued requiring that person to attend to give evidence.
(2) Where it is made to appear that a person who is likely to give material evidence
(a) will not attend in response to a subpoena, if a subpoena is issued; or
(b) is evading service of a subpoena,
a court or justice having power to issue a subpoena to require the attendance of that person to give evidence may issue a warrant in Form 12 to cause that person to be arrested and to be brought to give evidence.
(3) Except where subsection (2) (a) applies, a warrant in Form 12 shall not be issued unless a subpoena has first been issued.
Historical Note(s): RS1960-373-29.
37. (1) Where a person is required to attend to give evidence in proceedings over which a justice has jurisdiction, a subpoena directed to that person shall be issued
(a) by a justice where the person whose attendance is required is in the Province; or
(b) out of the Supreme Court where the person whose attendance is required is not in the Province.
(2) A subpoena shall not be issued under subsection (1) (b) except under an order of the court made on application by a party to the proceedings.
(3) A subpoena or warrant that is issued by a court shall be under the seal of the court, and shall be signed by the court or by the clerk of the court.
(4) A subpoena or warrant that is issued by a justice shall be signed by the justice.
(5) A subpoena may be in Form 11.
Historical Note(s): RS1960-373-30; 1989-40-167.
38. (1) A subpoena shall require the person to whom it is directed to attend at a time and place to be stated in the subpoena to give evidence and, if required, to bring with him any writings that he has in his possession or under his control relating to the subject matter of the proceedings.
(2) A person who is served with a subpoena shall attend and shall remain in attendance throughout the proceedings, unless he is excused by the justice.
Historical Note(s): RS1960-373-31.
39. (1) Subject to subsection (2), a subpoena shall be served in accordance with section 23.
(2) A subpoena that is issued under section 37 (1) (b) shall be served personally on the person to whom it is directed.
(3) Service of a subpoena may be proved by the affidavit of the person who effected service.
Historical Note(s): RS1960-373-32.
40. A subpoena that is issued by a justice has effect anywhere in the Province.
Historical Note(s): RS1960-373-33.
41. Subject to section 42 (3), a warrant that is issued by a justice may be executed anywhere in the Province.
Historical Note(s): RS1960-373-34.
42. (1) Where a person is bound by a recognizance to give evidence in any proceedings, a justice, who is satisfied on information being made before him in writing and under oath that the person is about to abscond or has absconded, may issue his warrant, in Form 13, directing a peace officer to arrest that person and to bring him before the justice before whom he is bound to appear.
(2) Section 34 applies, with the necessary changes and so far as applicable, to a warrant issued under this section.
(3) A person who is arrested under this section is entitled, on request, to receive a copy of the information on which the warrant for his arrest was issued.
Historical Note(s): RS1960-373-35.
43. (1) Where a person who has been served with a subpoena to give evidence in a proceeding does not attend or remain in attendance, the justice before whom that person was required to attend may, if it is established that
(a) the subpoena has been served in accordance with this Act; and
(b) the person is likely to give material evidence,
issue or cause to be issued a warrant, in Form 12, for the arrest of that person.
(2) Where a person who has been bound by a recognizance to attend to give evidence in any proceeding does not attend or does not remain in attendance, the court or justice before whom that person was bound to attend may issue or cause to be issued a warrant, in Form 12, for the arrest of that person.
Historical Note(s): RS1960-373-36.
44. Where a person is brought before a justice under a warrant issued under section 36 (2), or under section 42 or 43, the justice may order that the person be
(a) detained in custody; or
(b) released on recognizance, in Form 28, with or without sureties,
to appear and give evidence when required.
Historical Note(s): RS1960-373-37.
45. (1) A person who, being required by law to attend or remain in attendance to give evidence, fails, without lawful excuse, to attend or remain in attendance accordingly is guilty of contempt of court.
(2) A justice may deal summarily with a person who is guilty of contempt of court under this section, and that person is liable to a fine of $100, or to imprisonment for 90 days or to both, and may be ordered to pay the costs that are incident to the service and execution of the subpoena and warrant and to his detention, if any.
(3) A conviction under this section may be in Form 34, and a warrant of committal in respect of a conviction under this section may be in Form 22.
Historical Note(s): RS1960-373-38.
46. Every justice has the same power and authority to preserve order in a court over which he presides as may be exercised by the Supreme Court.
Historical Note(s): RS1960-373-39.
47. The room or place in which the justice sits to hear and try any complaint or information is deemed an open and public court to which the public generally may have access so far as it can conveniently contain them.
Historical Note(s): RS1960-373-40.
48. Every justice, when resistance is offered to the execution of a summons, warrant of execution or other process issued by him, may enforce the execution of it by the means provided by the law for enforcing the execution of the process of other courts in similar cases.
Historical Note(s): RS1960-373-41.
49. Where the defendant appears for the trial and the prosecutor, having had notice, does not appear, the justice may dismiss the information or may adjourn the trial to another time on terms he considers proper.
Historical Note(s): RS1960-373-42.
50. (1) Where the prosecutor and defendant appear, the justice shall proceed to hold the trial.
(2) A defendant may appear personally or by counsel or agent, but the justice may require the defendant to appear personally, and may, if he thinks fit, issue a warrant, in Form 7, for the arrest of the defendant and adjourn the trial to await his appearance under it.
(3) Where the defendant is a corporation, it shall appear by counsel or agent, and if it does not appear, the justice may, on proof of service of the summons, proceed ex parte to hold the trial.
Historical Note(s): RS1960-373-43.
51. When the defendant appears, the substance of the information shall be stated to him, and he shall be asked
(a) whether he pleads guilty or not guilty to the information, where the proceedings are in respect of an offence that is punishable on conviction; or
(b) whether he has cause to show why an order should not be made against him, in proceedings where a justice is authorized by law to make an order.
Historical Note(s): RS1960-373-44(1).
52. Where the defendant pleads guilty or does not show sufficient cause why an order should not be made against him, as the case may be, the justice shall convict him or make an order against him accordingly.
Historical Note(s): RS1960-373-44(2).
53. Where the defendant pleads not guilty or states that he has cause to show why an order should not be made against him, as the case may be, the justice shall proceed with the trial, and shall take the evidence of witnesses for the prosecutor and the defendant in the same manner, as nearly as may be, as evidence is taken on a preliminary inquiry under the Part XV of the Criminal Code.
Historical Note(s): RS1960-373-44(3).
54. The justice may, before or during the trial, where he is satisfied that the ends of justice require it, direct that the defendant be tried separately on one or more of the counts in the information.
Historical Note(s): RS1960-373-44(4).
54.1 If a justice is satisfied that one or more informations or violation tickets or a combination of them relate to the same incident and that the interests of justice so require, the justice may before or during trial direct that the defendant be tried on one or more of the informations or violation tickets or a combination of them at the same time.
Historical Note(s): 1990-22-6.
55. A defendant may admit any fact alleged against him for the purpose of dispensing with the proof of it.
Historical Note(s): RS1960-373-44(5).
56. The prosecutor is entitled personally to conduct his case, and the defendant is entitled to make his full answer and defence.
Historical Note(s): RS1960-373-45(1).
57. (1) The prosecutor or defendant, as the case may be, may examine and cross examine witnesses personally or by counsel or agent.
(2) Every witness shall be examined on oath or affirmation.
(3) The justice has full power and authority to administer to a witness the usual oath or affirmation.
Historical Note(s): RS1960-373-45(2,3,4).
57.1 (1) A justice who in a proceeding is exercising jurisdiction pursuant to an authorization made under section 25 (1) of the Provincial Court Act may, at any stage of the proceeding, exercise that jurisdiction in the absence of a prosecutor.
(2) Where a justice is exercising the jurisdiction referred to in subsection (1) in the absence of a prosecutor,
(a) section 49 does not apply,
(b) the justice may, under section 58 (1), adjourn the trial for more than 8 days with the consent of the defendant only, and
(c) section 60 applies only where the adjournment was made during a trial where a prosecutor had appeared.
Historical Note(s): 1984-25-37.
58. (1) The justice may in his discretion, before or during the trial, adjourn the trial to a time and place to be appointed and stated in the presence of the parties or their respective counsel or agents, but no adjournment shall, except with the consent of both parties, be for more than 8 days.
(2) Where the justice adjourns a trial, he may
(a) permit the defendant to be at large;
(b) commit him by warrant, in Form 14, to a prison in the territorial division for which the justice has jurisdiction, or to other safe custody the justice thinks fit; or
(c) discharge the defendant on his recognizance, in Form 28
(i) with or without sureties; or
(ii) on depositing a sum of money the justice directs,
conditioned for his appearance at the time and place fixed for resumption of the trial.
Historical Note(s): RS1960-373-46(1,2).
59. Where the defendant does not appear at the time and place appointed for the trial, and service of the summons within a reasonable period before the appearance was required is proved, or does not appear for the resumption of a trial that has been adjourned in accordance with section 58, the justice may
(a) proceed to hear and determine the proceedings in the absence of the defendant as fully and effectually as if the defendant had appeared; or
(b) if he thinks fit, issue a warrant in a prescribed form or Form 9 for the arrest of the defendant, and adjourn the trial to await his appearance to it.
Historical Note(s): RS1960-373-46(3); 1984-25-38.
60. Where the prosecutor does not appear at the time and place appointed for the resumption of an adjourned trial, the justice may dismiss the information, with or without costs.
Historical Note(s): RS1960-373-46(4).
61. Notwithstanding section 58 (1), the justice may, at any time before convicting the defendant or making an order against him or dismissing the information, as the case may be, when of the opinion, supported by the evidence of at least one medical practitioner, that there is reason to believe that the defendant is mentally ill, remand the defendant, by order in writing, to the custody that the justice directs for observation for a period not exceeding 30 days.
Historical Note(s): 1963-45-3; 1982-46-30.
62. Where a person gives security by a recognizance or is bound by a recognizance to appear before a justice for any purpose, sections 696 to 707, inclusive, of the Criminal Code apply, with the necessary changes and so far as applicable, to the recognizance.
Historical Note(s): RS1960-373-47; 1972-60-9.
63. The Supreme Court may, on application,
(a) admit the defendant to bail if bail has been refused by a justice; or
(b) vary the amount of bail fixed by a justice.
Historical Note(s): RS1960-373-48; 1989-40-168.
64. (1) Where a person is convicted of an offence, the justice may, in addition to or instead of sentence, order that the person shall, at a time to be fixed by the justice, enter into a recognizance, with or without sureties, to keep the peace and be of good behaviour for a term that does not exceed 2 years, and in default may, by warrant in Form 20, commit him to prison until the recognizance is entered into or the security is given.
(2) The recognizance under this section may be in Form 28, and section 79 (2) and (3) applies in respect of the recognizance with the necessary changes and so far as applicable.
(3) Where a person who has been ordered to enter into a recognizance under subsection (1) has remained in prison for 2 weeks because of his default, he may apply to a court for a review of the order of committal.
(4) A court which receives an application under subsection (3) may order the discharge of the person referred to at once or at a subsequent time on notice to persons it considers proper, or may make any other order that it considers proper in the circumstances with respect to the number of sureties to be required, the amounts in which they are to be bound and the period during which the person and the sureties are to be bound.
(5) In this section "court" means the Supreme Court.
Historical Note(s): RS1960-373-49; 1963-45-4; 1989-40-169.
65. When the justice has heard the prosecutor, defendant and witnesses, he shall, after considering the matter, convict the defendant, or make an order against him or dismiss the information, as the case may be.
Historical Note(s): RS1960-373-50.
66. (1) Where a defendant is convicted of an offence for which a greater punishment may be imposed by reason of previous convictions, no greater punishment shall be imposed on him for that reason, unless the prosecutor satisfies the justice that the defendant, before making his plea, was notified that a greater punishment would be sought for that reason.
(2) Where a defendant is convicted of an offence for which a greater punishment may be imposed by reason of previous convictions, the justice shall, on application by the prosecutor, and on being satisfied that the defendant was notified in accordance with subsection (1), ask the defendant whether he was previously convicted; and if he does not admit that he was previously convicted, evidence of previous convictions may be adduced.
(3) A justice who holds a trial under section 59 may, if he convicts the defendant, make inquiries with respect to previous convictions, whether or not the defendant was notified that a greater punishment would be sought by reason of them.
(4) Under this section, a previous conviction may be proved in the manner prescribed by section 594 of the Criminal Code.
Historical Note(s): RS1960-373-51; 1972-60-9; [amended 1982-38-12, to be proclaimed, amendment not included].
67. Where a defendant is convicted or where an order is made against him,
(a) a minute or memorandum of the conviction or order may be made, without fee; but whether or not a minute or memorandum is made, the conviction or order shall be drawn up by the justice in Form 31 or 32, as the case may be; and
(b) the justice shall issue a warrant of committal in Form 18 or 19, and section 34 applies in respect of a warrant of committal issued under this section.
Historical Note(s): RS1960-373-52.
68. Where several persons join in committing the same offence, and on conviction each is adjudged to pay an amount to a person aggrieved, no more shall be paid to that person than an amount equal to the value of the property destroyed or injured or the amount of the injury done, together with costs, if any, and the residue of the amount adjudged to be paid shall be applied in the manner in which other penalties imposed by law are directed to be applied.
Historical Note(s): RS1960-373-53.
69. (1) Where the justice dismisses an information, he may, if requested by the defendant, draw up an order of dismissal, and shall give to the defendant a certified copy of the order of dismissal.
(2) A copy of an order of dismissal, certified in accordance with subsection (1), is, without further proof, a bar to any subsequent proceedings against the defendant in respect of the same cause.
Historical Note(s): RS1960-373-54.
70. (1) The justice may in his discretion award and order costs he considers reasonable and not inconsistent with the fees established by section 71 to be paid
(a) to the informant by the defendant, where the justice convicts or makes an order against the defendant; or
(b) to the defendant by the informant, where the justice dismisses an information.
(2) An order under subsection (1) shall be set out in the conviction, order, or order of dismissal, as the case may be.
(3) Under this Act, costs awarded and ordered to be paid by a person under this section are deemed to be all or part, as the case may be, of a fine imposed against him.
Historical Note(s): RS1960-373-55; 1974-91-2.
71. The fees and allowances mentioned in the tariff to this Act and no others are the fees and allowances that may be taken or allowed in proceedings before justices under this Act.
Historical Note(s): RS1960-373-56.
71.1 (1) In this section "court" means the Provincial Court.
(2) Where a person is convicted of an offence under a prescribed enactment, the court may order that the defendant is liable, after review and the filing of a certificate under this section, for the costs of the investigation into the offence.
(3) The prosecutor may prepare a certificate setting out the costs of the investigation, including the cost to the government of any fees paid to experts or investigators and witnesses.
(4) The prosecutor may apply to a registrar of the Supreme Court to have the certificate reviewed and, on the review, the registrar shall assess the costs that are payable under subsection (2).
(5) The registrar may vary the costs where he considers that they are unreasonable or not related to the investigation.
(6) The provisions of the Rules of Court apply to the review of a certificate under this section as though it were a review of disbursements under the Rules.
(7) After the review, the certificate of the registrar may be filed in the court and may be enforced as if it were an order of the court requiring the person convicted to pay the amount of costs in the certificate to the Crown.
(8) The Lieutenant Governor in Council may make regulations for the purposes of this section including regulations that prescribe an enactment for the purposes of subsection (2).
Historical Note(s): 1989-75-4; 1990-34-11.
72. (1) Subject to subsection (6), but notwithstanding any other provision of this Act, any other Act, regulation, municipal bylaw or order made by a justice, no justice shall, except under the Small Claims Act, order that a person be imprisoned by reason only that he defaults in paying a fine.
(2) Where a justice imposes a fine authorized by this or any other Act, the justice, notwithstanding this Act or the Act under which the fine is imposed, may, subject to subsection (3), order that the fine be paid
(a) at once; or
(b) at a time, in instalments and subject to terms and conditions he considers appropriate.
(3) A justice shall not make an order under subsection (2) (a) unless
(a) the justice is satisfied that the person against whom the fine is imposed has sufficient means and ability to enable him to pay the fine at once;
(b) on being asked by the justice whether he desires time for payment, the person against whom the fine is imposed does not request time; or
(c) the justice has a special reason, which he shall give orally or in writing, for requiring that the fine be paid at once.
(4) In making an order under subsection (2) (b), the justice shall consider any representations made by the person against whom the fine is imposed, and shall not make the first instalment payable within 14 days after the date of the order.
(5) A justice, on application made at any time by the person against whom a fine is imposed, may amend or vary an order made under subsection (2) (b).
(6) If a person against whom a fine is imposed does not pay the fine in accordance with an order made under subsection (2), a prosecutor may file a certificate of the order with the Supreme Court or the Provincial Court in the county in which the person resides, and, on filing, the certificate has the same force and effect, and all proceedings may be taken on it, by a person or class of persons designated by the Attorney General, as if it were a judgment of the appropriate court for the recovery of a debt of the amount stated in the certificate against the person named in it.
Historical Note(s): 1974-91-3; 1975-57-48; 1976-2-32; 1980-1-20, proclaimed effective September 22, 1980; [amended 1982-38-13, to be proclaimed, amendment not included]; 1989-38-32; 1989-40-170.
73. (1) Where an enactment prescribes different degrees or kinds of punishment in respect of an offence, the punishment to be imposed is, subject to the limitations prescribed in the enactment, in the discretion of the justice who convicts a person who commits the offence.
(2) Where an enactment prescribes punishment in respect of an offence, the punishment to be imposed is, subject to the limitations prescribed in the enactment, in the discretion of the justice who convicts a person who commits the offence, but no punishment is a minimum punishment unless it is declared to be a minimum punishment.
(3) Where a defendant is convicted
(a) while under sentence for an offence, and a term of imprisonment is imposed;
(b) of more than one offence before the same justice at the same sitting, and the justice imposes terms of imprisonment for the respective offences,
the justice who convicts the defendant may direct that the terms of imprisonment shall be served one after the other.
Historical Note(s): RS1960-373-58; 1974-91-4.
74. Where an enactment creates an offence and authorizes a punishment to be imposed in respect of it,
(a) a person is deemed not guilty of that offence until convicted of it; and
(b) a person who is convicted of that offence is not liable to punishment in respect of it other than the punishment prescribed by this Act or by the enactment that creates the offence.
Historical Note(s): RS1960-373-59.
75. (1) Everyone is a party to an offence who
(a) actually commits it;
(b) does or omits to do anything for the purpose of aiding a person to commit it; or
(c) abets a person in committing it.
(2) Where a person counsels or procures another person to be a party to an offence and that other person is afterwards a party to that offence, the person who counselled or procured is a party to that offence, notwithstanding that the offence was committed in a way different from that which was counselled or procured.
(3) Everyone who counsels or procures another person to be a party to an offence is a party to every offence that the other commits in consequence of the counselling or procuring that the person who counselled or procured knew or ought to have known was likely to be committed in consequence of the counselling or procuring.
Historical Note(s): RS1960-373-60.
76. (1) A sentence commences when it is imposed, except where a relevant enactment otherwise provides or the justice or the court appealed to otherwise orders.
(2) The time during which a convicted person is at large on bail does not count as part of any term of imprisonment imposed pursuant to his conviction.
(3) Notwithstanding subsection (1), a term of imprisonment, whether imposed by the justice or the court appealed to, commences or shall be deemed to be resumed, as the case requires, on the day on which the convicted person is arrested and taken into custody under the sentence.
Historical Note(s): RS1960-373-61; 1974-91-5.
77. Where a defendant is convicted of an offence, and it appears to the justice just and reasonable to do so, he may sentence the defendant to a term of imprisonment and may direct that the defendant serve, within a period of one year, the term of imprisonment on such days as, in the aggregate, equal the number of days to which the defendant was sentenced.
Historical Note(s): 1972-60-5.
78. (1) Notwithstanding any other section of this Act or any other Act, in determining the fine to be imposed on conviction, the justice shall consider the means and ability of the defendant to pay the fine, and, where the justice is of the opinion that the defendant is unable to pay the amount of the fine that the justice would otherwise impose, the justice may impose a fine in a lesser amount he considers appropriate.
(2) Where a minimum fine is established under the Motor Vehicle Act for contravention of a provision of that Act, a justice shall not impose under subsection (1) a fine of less than the minimum established.
Historical Note(s): 1974-91-6; 1982-38-14, proclaimed effective September 2, 1982.
79. (1) In this section "justice" includes the court before which an appeal is heard in respect of a conviction or order made under this Act.
(2) Where a defendant is convicted of an offence and it appears to the justice that, having regard to his age, character and antecedents, to the nature of the offence, and to any extenuating circumstances surrounding the commission of the offence, it is expedient that the defendant be released on probation, the justice may, instead of sentencing him to punishment, suspend the passing of sentence and direct that he be released on entering into a recognizance, in Form 28, with or without sureties,
(a) to keep the peace and be of good behaviour during a period fixed by the justice; and
(b) to appear and to receive sentence when called on to do so during the period fixed under paragraph (a), on breach of his recognizance.
(3) A justice who suspends the passing of sentence may specify as conditions of the recognizance that the defendant shall
(a) make restitution and reparation to any person aggrieved or injured for the actual loss or damage caused by the commission of the offence; and
(b) provide for the support his spouse and any other dependents whom he is liable to support;
and the justice may impose further conditions he considers desirable in the circumstances, and change the conditions and increase or decrease the period of the recognizance, but no recognizance shall be kept in force for more than 6 months.
(4) A justice who suspends the passing of sentence may require as a condition of the recognizance that the defendant report as he specifies, to a person designated by the justice, and the defendant shall be under the supervision of that person during the specified period.
(5) The person designated by the justice under subsection (4) shall report to the justice if the defendant does not carry out the terms on which the passing of sentence was suspended, and the justice may order that the defendant be brought before him to be sentenced.
Historical Note(s): RS1960-373-63; 1965-52-2; 1975-73-25; 1983-10-21, effective October 26, 1983 (B.C. Reg. 393/83).
80. (1) A justice who has suspended the passing of sentence or a justice having jurisdiction in the territorial division in which a recognizance was taken under section 79 may, on being satisfied by information on oath that the defendant has failed to observe a condition of the recognizance, issue a summons to compel his appearance or a warrant for his arrest.
(2) A summons under subsection (1) is returnable before the justice, and a defendant who is arrested under a warrant issued under subsection (1) shall be brought before the justice.
(3) A justice before whom a warrant under subsection (1) is returned may remand the defendant to appear before the justice or admit him to bail on recognizance, with or without sureties, conditioned on the appearance.
(4) The justice may, on the appearance of the defendant under this section or section 79 (5), and on being satisfied that the defendant has failed to observe a condition of his recognizance, sentence him for the offence of which he was convicted.
(5) Where the passing of sentence is suspended by a justice, and then he dies or is for any reason unable to act, his powers under this section may be exercised by any other justice who has equivalent jurisdiction in the same territorial division.
Historical Note(s): RS1960-373-64.
81. (1) Where a peace officer finds in a place to which the public has access a person who is in a state of intoxication, he may take that person into custody and, if it appears to the peace officer that the person may be in need of remedial treatment by reason of the use of alcohol, he shall, within 24 hours, take him before a physician; otherwise, that person shall be released
(a) on recovering sufficient capacity to remove himself without danger to himself or others or causing a nuisance; or
(b) if application is made sooner by an adult who appears to be capable of taking charge of the person, into the charge of the applicant.
(2) Where a physician is satisfied that a person brought before him under subsection (1) is in need of treatment by reason of the excessive use of alcohol and that no arrangements have been made for the voluntary treatment of the person, or, if made, are not likely to be adhered to by the person,
(a) the physician may give a certificate to that effect, and the person may be taken to, examined, treated and detained in, an institution for the treatment and rehabilitation of chronic alcoholics, or to a psychiatric unit or observation unit, within the meaning of the Mental Health Act; and
(b) an application may be made for a confirming order under this section,
but if the physician is not satisfied, the person shall be released at once.
(3) A person taken to an institution or unit under the authority of a certificate under subsection (2) shall not be detained there for more than 72 hours unless his continued detention is authorized by a confirming order.
(4) Subsection (1) applies only to portions of the Province and to classes of persons the Lieutenant Governor in Council designates.
Historical Note(s): 1968-12-8; 1970-46-3,3A.
82. (1) An application for a confirming order may be made to a justice exercising jurisdiction at the place where the person was taken into custody, or at the place at which he is detained or at the place where the person has his home, and may be heard and determined, and adjourned, notwithstanding that the person has been released from the place where he was detained under the authority of a certificate under section 81 (2).
(2) If, after hearing the evidence of a physician who has examined the person and any other evidence of the person's addiction to, or use of, alcohol, and any evidence of the person concerned, the justice is satisfied that the person concerned is in need of treatment and rehabilitation as provided for chronic alcoholics, and that no firm arrangements have been made for the voluntary treatment of the person or, if made, are not likely to be adhered to by the person, he may make an order, in this section referred to as a "confirming order", that, for an indeterminate term not exceeding 12 months, the person attend at or be detained in an institution where treatment is provided for chronic alcoholics.
(3) Where the justice dismisses an application for a confirming order before the expiration of the period of 72 hours referred to in section 81 (3), the dismissal does not, unless the justice makes an order to that effect, impair the authority of the certificate, and the person may continue to be detained as provided in it until the expiration of the period of 72 hours.
(4) A copy of an order for detention made under subsection (2) shall be directed to the director of correction, who shall, if space is available, make arrangements for the detention of the person named in the order at an institution where treatment and rehabilitation is provided for chronic alcoholics, and, where the person named is detained in a psychiatric unit or observation unit, he shall be transferred accordingly.
(5) Where detention is ordered under subsection (2), pending transfer to the place of detention, the person may be detained in a common jail or lockup, and the time during which a person is detained shall be deducted from the indeterminate term imposed under this section.
(6) Notwithstanding this Act, the chief probation officer may, prior to the expiration of the term of attendance or detention ordered under subsection (2), discharge the person from attendance or detention on terms and conditions as the Chief Probation Officer may, in his discretion, impose for the unexpired portion of that term.
Historical Note(s): 1968-12-8.
83. (1) Where the chief probation officer certifies in writing that there has been a breach of any term or condition imposed by him under section 82 (6), he may, by a warrant in writing signed by him, authorize the apprehension of the person by a peace officer.
(2) On apprehension the person shall be brought before a justice, who, on being satisfied that the person has failed to observe a term or condition imposed by the chief probation officer, may order that the person be detained in a place named in the order for the balance of the term ordered under section 82 (2), unless sooner discharged by the chief probation officer on terms and conditions specified by him.
(3) The production of a document purporting to be signed by the chief probation officer, and to be his certificate under subsection (1), is evidence of a breach referred to in it and of the authority for the detention of the person named in it.
(4) If a person, without authority, absents himself from a place of detention, or, where his absence is authorized under section 82 (6), he fails to return to the place of detention when instructed by the chief probation officer to do so, he may be apprehended with or without a warrant by a peace officer and returned to the place of detention.
Historical Note(s): 1968-12-8; 1970-46-3; 1971-59-3; 1974-91-7; 1983-10-21, effective October 26, 1983 (B.C. Reg. 393/83).
84. The Parole Board holding office under the Parole Act(Canada) may exercise its powers and duties with respect to any person undergoing imprisonment as the result of a conviction under a statute of the Province and who is also an "inmate" within the meaning of the Parole Act (Canada), and all rights, privileges, powers, duties and responsibilities consequent under the Parole Act (Canada) on that exercise are applicable and authorized by this Act.
Historical Note(s): 1965-52-4; 1966-47-2.
85. (1) A peace officer or other person to whom a warrant of committal authorized by this or any other Act or law is directed shall convey the person named or described in it to the jail or other prison mentioned in the warrant and deliver him, together with the warrant, to the keeper of the jail or prison, who shall then give to the peace officer or other person who delivers the prisoner a receipt, in Form 39, setting out the state and condition of the prisoner when delivered into his custody.
(2) It is not necessary to give a receipt to a peace officer or other person delivering a prisoner to the custody of the keeper or other person in charge of a municipal lockup or of a prison which is not a common jail of any county.
Historical Note(s): RS1960-373-65.
86. (1) An information, complaint, warrant, conviction or other proceeding under this Act shall in general apply to a single transaction, and shall contain and is sufficient if it contains in substance a statement that the defendant committed an offence or act specified in the proceeding and punishable on summary conviction.
(2) The statement referred to in subsection (1) may be
(a) in popular language without technical averments or allegations of matters that are no essential to be proved;
(b) in the words of the enactment that describes the offence or declares the matters charged to be an offence or act punishable on summary conviction; or
(c) in words that are sufficient to give to the defendant notice of the offence with which he is charged.
(3) An information shall contain sufficient detail of the circumstances of the alleged offence to give to the defendant reasonable information with respect to the act or omission to be proved against him and to identify the transaction referred to, but otherwise the absence or insufficiency of details does not vitiate the information.
(4) An information may refer to any section, subsection, paragraph, subparagraph or clause of the enactment that creates the offence charged; and for determining whether an information is sufficient, consideration shall be given to any such reference.
(5) Nothing in this Act relating to matters that do not render an information insufficient shall be deemed to restrict or limit the application of this section.
Historical Note(s): RS1960-373-66.
87. (1) No information, complaint, warrant, conviction or other proceeding under this Act is insufficient by reason of the absence of details where, in the opinion of the justice, the information otherwise fulfils the requirements of section 86, and, without restricting the generality of the foregoing, no information is insufficient by reason only that it does not
(a) name the person injured or intended or attempted to be injured;
(b) name the person who owns or has a special property or interest in property mentioned in the information;
(c) specify the means by which the alleged offence was committed;
(d) name or describe with precision any person, place or thing; or
(e) where the consent of a person, official or authority is required before proceedings may be instituted for an offence, state that the consent has been obtained.
(2) The justice may, if he is satisfied that it is necessary for a fair trial, order that a particular, further describing any matter relevant to the proceedings, be furnished to the defendant.
Historical Note(s): RS1960-373-67.
88. (1) No exception, exemption, proviso, excuse or qualification prescribed by law is required to be set out or negatived, as the case may be, in an information.
(2) The burden of proving that an exception, exemption, proviso, excuse or qualification prescribed by law operates in favour of the defendant is on the defendant, and the prosecutor is not required, except by way of rebuttal, to prove that the exception, exemption, proviso, excuse or qualification does not operate in favour of the defendant, whether or not it is set out in the information.
(3) Where it appears that the defendant has done any act or been guilty of any omission in respect of which, were he not licensed or registered or authorized by a consent, permit, certificate or otherwise, he would be liable to a penalty, it is incumbent on the defendant to prove that he is licensed or registered or authorized by a consent, permit, certificate or otherwise, as the case may be.
Historical Note(s): RS1960-373-68.
89. No information, summons, conviction, order or process shall be deemed to charge 2 offences or to be uncertain by reason only that it states that the alleged offence was committed
(a) in different modes; or
(b) in respect of one or other of several articles, either conjunctively or disjunctively.
Historical Note(s): RS1960-373-69.
90. (1) An objection to an information for a defect apparent on its face shall be taken by motion to quash the information before the defendant has pleaded, and after that only by leave of the justice before whom the trial takes place.
(2) A justice may, on the trial of an information, amend the information or a particular that is furnished under section 87 (2) to make the information or particular conform to the evidence if there appears to be a variance between the evidence and
(a) the charge in the information; or
(b) the charge in the information
(i) as amended; or
(ii) as it would have been if amended in conformity with any particular that has been furnished under section 87 (2).
(3) A justice may, at any stage of the trial, amend the information as may be necessary if it appears
(a) that the information
(i) fails to state or states defectively anything that is requisite to constitute the offence;
(ii) does not negative an exception that should be negatived; or
(iii) is in any way defective in substance;
and the matters to be alleged in the proposed amendment are disclosed by the evidence taken on the trial; or
(b) that the information is in any way defective in form.
(4) A variation between the information and the evidence taken on the trial is not material with respect to
(a) the time when the offence is alleged to have been committed if it is proved that the information was laid within the prescribed period of limitation; or
(b) the place where the subject matter of the proceedings is alleged to have arisen if it is proved that it arose in the territorial jurisdiction of the justice who holds the trial.
(5) The justice shall, in considering whether or not an amendment should be made, consider
(a) the evidence taken on the trial, if any;
(b) the circumstances of the case;
(c) whether the defendant has been misled or prejudiced in his defence by a variance, error or omission mentioned in subsection (2) or (3); and
(d) whether, having regard to the merits of the case, the proposed amendment can be made without injustice being done.
(6) Where, in the opinion of the justice, the defendant has been misled or prejudiced in his defence by an error or omission in the information, the justice may adjourn the trial, and may make an order with respect to the payment of costs resulting from the necessity of amendment as he considers desirable.
Historical Note(s): RS1960-373-70.
91. In sections 92 to 104 "appeal court" means the Supreme Court.
Historical Note(s): 1989-40-171.
92. Except where otherwise provided by law,
(a) the defendant may appeal to the appeal court
(i) from a conviction or order made against him; or
(ii) against a sentence passed on him;
(b) the informant, the Attorney General or his agent in proceedings under this Act may appeal to the appeal court
(i) from an order dismissing an information; or
(ii) against a sentence passed on a defendant; and
(c) a person in respect of whom a confirming order or an order of detention is made under section 81, 82 or 83 may appeal to the appeal court from
(i) the confirming order; or
(ii) the order of detention.
Historical Note(s): RS1960-373-72; 1970-46-4.
93. An appeal under section 92 shall be heard at the sittings of the appeal court that is held nearest to the place where the conviction or order was made or sentence passed, but the appeal court may, on the application of one of the parties, appoint a place for the hearing of the appeal.
Historical Note(s): RS1960-373-73; 1963-45-6; 1966-45-22.
94. (1) An appellant who proposes to appeal to the appeal court shall give notice of appeal in a manner and within a period directed by the Rules of Court.
(2) The appeal court may at any time extend the time within which notice of appeal may be given.
Historical Note(s): 1976-2-32.
95. Where an appeal to the appeal court is from
(a) a conviction imposing imprisonment without alternative punishment, the appellant shall
(i) remain in custody until the appeal is heard; or
(ii) enter into a recognizance;
(b) a conviction or order adjudging that a fine or sum of money be paid and imposing a term of imprisonment in default of payment, the appellant shall
(i) remain in custody until the appeal is heard;
(ii) enter into a recognizance; or
(iii) deposit with the justice the amount of the fine or the sum of money to be paid;
(c) a conviction or order adjudging that a fine or sum of money be paid but not imposing a term of imprisonment in default of payment, the appellant shall comply with paragraph (b) (ii) or (iii).
Historical Note(s): RS1960-373-76(1); 1968-12-13.
96. (1) A recognizance under section 95
(a) shall be in Form 28;
(b) shall be entered into before a judge of the Supreme Court or a justice having jurisdiction in the territorial division in which the conviction or order was made in an amount the court or justice directs;
(c) may be required to be entered into with one or more sureties; and
(d) may, where it is not entered into by one or more sureties, be required to be accompanied by a deposit of a sum of money the court or justice directs.
(2) The condition of a recognizance under section 95 shall be that
(a) the appellant, if he was the defendant in the proceedings before the justice, will appear personally at the sittings of the appeal court at which the appeal is to be heard; and
(b) the appellant will abide the judgment of the appeal court on the appeal.
(3) An appeal court has, with respect to a recognizance that appears to it to be insufficient, defective or invalid, the same powers that the Supreme Court has under section 106 (4).
(4) Where an appellant is in custody, an order for discharge, in Form 35, shall, when a recognizance is entered into under this section, be issued by the person who takes the recognizance.
Historical Note(s): RS1960-373-76(2 to 5); 1968-12-11; 1989-40-172.
97. (1) A person does not waive his right of appeal under section 92 by reason only that he pays the fine imposed on conviction without in any way indicating an intention to appeal or reserving the right to appeal.
(2) A conviction, order or sentence is deemed not to have been appealed against until the contrary is shown.
Historical Note(s): RS1960-373-77.
98. (1) Where a notice of appeal is filed, the clerk of the appeal court shall obtain from the court from which the appeal is brought the conviction, order or order of dismissal and all other material in the possession of the latter court in connection with the proceedings before the time when the appeal is to be heard, or within a further time the appeal court directs, and the material shall be kept by the clerk of the court with the records of the appeal court.
(2) An appeal shall not be dismissed by the appeal court by reason only that a person other than the appellant failed to comply with the provisions of this Act relating to appeals.
Historical Note(s): RS1960-373-78; 1968-12-12.
99. (1) Where an appeal is taken under section 92 in respect of a conviction, acquittal, sentence or order, sections 683 to 689, except section 686 (5), of the Criminal Code apply.
(2) Where an appeal court orders a new trial, it shall be held before a court other than the court that tried the defendant in the first instance, unless the appeal court directs that the new trial be held before the court that tried the defendant in the first instance.
(3) Notwithstanding subsection (1), where an appeal is taken under section 92 and where, because of the condition of the record of the trial in the court appealed from or for any other reason, the appeal court, on application of the defendant, the informant, the Attorney General or his agent, is of the opinion that the interests of justice would be better served by hearing and determining the appeal by holding a trial de novo, the appeal court may order that the appeal shall be heard by way of a trial de novo and sections 8, 49 to 57, 65 to 70 and 87 to 90 apply except to the extent that they may be inconsistent with sections 92 to 104.
(4) The appeal court may, for hearing and determining an appeal under subsection (3), permit the evidence of any witness taken before the justice to be read if that evidence has been authenticated in accordance with section 468 of the Criminal Code, and if
(a) the appellant and respondent consent;
(b) the appeal court is satisfied that the attendance of the witness cannot reasonably be obtained; or
(c) by reason of the formal nature of the evidence or otherwise, the court is satisfied that the opposite party will not be prejudiced;
and any evidence that is read under the authority of this subsection has the same force and effect as if the witness had given the evidence before the appeal court.
(5) Where an appeal is taken under subsection (3) against sentence, the appeal court shall, unless the sentence is one fixed by law, consider the fitness of the sentence appealed against, and may, on evidence, if any, it thinks fit to require or receive, by order
(a) dismiss the appeal; or
(b) vary the sentence within the limits prescribed by law for the offence of which the defendant was convicted,
and in making an order under paragraph (b) the appeal court may take into account any time spent in custody by the defendant as a result of the offence.
(6) Under subsection (3), where an appeal is based on
(a) an objection to an information or any process, judgment shall not be given in favour of the appellant for
(i) an alleged defect in it in substance or in form; or
(ii) any variance between the information or process and the evidence adduced at the trial
unless it is shown that
(iii) the objection was taken at the trial; and
(iv) an adjournment of the trial was refused, notwithstanding that the variance referred to in subparagraph (ii) had deceived or misled the appellant; and
(b) a defect in a conviction or order, judgment shall not be given in favour of the appellant, but the court shall make an order curing the defect.
Historical Note(s): RS1960-373-79; 1972-60-9; 1976-3-32; 1992-31-16.
100. The appeal court may adjourn the hearing of the appeal, as necessary.
Historical Note(s): RS1960-373-80.
101. The appeal court may, on proof that notice of an appeal has been given and that the appeal has not been proceeded with or has been abandoned, order that the appeal be dismissed.
Historical Note(s): RS1960-373-81.
102. (1) Where an appeal is heard and determined, or is abandoned or is dismissed for want of prosecution, the appeal court may make any order with respect to costs that it considers just and reasonable.
(2) Section 70 (3) applies to an order under subsection (1).
Historical Note(s): RS1960-373-82; 1974-91-8.
103. Section 72 applies, with the necessary changes and so far as it is applicable, to an appeal to an appeal court or by way of stated case.
Historical Note(s): 1974-91-9; 1982-46-31.
104. (1) A conviction or order made by the appeal court may be enforced
(a) in the same manner as if it had been made by the justice; or
(b) by process of the appeal court.
(2) Where an appeal taken against a conviction or order adjudging payment of a sum of money is dismissed, the justice who made the conviction or order, or a justice for the same territorial division, may issue a warrant of committal as if no appeal had been taken.
(3) Where a conviction or order that has been made by an appeal court is to be enforced by a justice, the clerk of the appeal court shall send to the justice the conviction or order and all writings relating to it, except the notice of intention to appeal and any recognizance.
Historical Note(s): RS1960-373-84.
105. (1) A party to proceedings to which this Act applies or the Attorney General may appeal against a conviction, order, determination or other proceeding of a justice on the ground that it is
(a) erroneous in point of law; or
(b) in excess of jurisdiction
by applying to the justice to state a case setting out the facts as found by him and the grounds on which the proceedings are questioned.
(2) An application to state a case shall be made, and the case shall be stated within the period and in the manner directed by Rules of Court, if any; and where there are no Rules of Court,
(a) the application
(i) shall be in writing and be directed to the justice; and
(ii) shall be served on the justice by leaving with him a copy of it within 30 clear days after the time when the adjudication that is questioned was made;
(b) the case shall be stated and signed by the justice
(i) within one month after the time when the application was made; and
(ii) after the recognizance referred to in section 106 has been entered into;
(c) the appellant shall, within 15 clear days after receiving the stated case,
(i) where he is the informant, or the Attorney General or their respective counsel or agent, cause a copy of the stated case to be served on the defendant, or other persons the Supreme Court directs, and transmit the stated case to the Supreme Court; and
(ii) where he is the defendant, or other person appealing, cause a copy of the stated case to be filed in the office of the Registrar of the Supreme Court, and the registrar shall at once send a copy to the Attorney General, or as the Attorney General directs; and
(d) the appellant shall, where he is the informant, or the Attorney General or their respective counsel or agent, file in the office of the Registrar of the Supreme Court proof of service of the stated case not later than 7 days after the last day for service of the stated case.
(3) The Supreme Court may, on application by the appellant, extend the times referred to in the Rules of Court for the application to state a case or for the stating of the case, or the times referred to in subsection (2) (b) or (c), but no extension shall be granted for more than 30 days.
Historical Note(s): RS1960-373-85; 1963-45-8; 1970-46-6; 1972-60-6,7; 1976-33-113.
106. (1) The appellant shall, at the time he makes the application and before a case is stated, enter into a recognizance, in Form 28, before the justice or a justice having the same jurisdiction, with or without sureties and in an amount that the justice considers proper, conditioned to prosecute his appeal without delay and to submit to the judgment of the Supreme Court.
(2) Subsection (1) does not apply where the application is made by the Attorney General or by counsel acting on his behalf.
(3) Where an appellant is in custody, the justice shall order that he be released, if his recognizance contains a further condition that he will appear before that justice or another justice within 10 days after the judgment of the Supreme Court has been given, to abide the judgment, unless the judgment from which the appeal is taken is reversed.
(4) Where the recognizance appears to the Supreme Court to be insufficient, defective or invalid, the Supreme Court may permit the substitution of a new and sufficient recognizance to be entered into before it, and the substituted recognizance shall, for all purposes, be as valid and effectual as if it had been entered into at the time the appellant made the application and before the case was stated.
Historical Note(s): RS1960-373-86; 1968-12-13; 1972-60-8.
107. (1) Where, pending an application for a stated case, the justice dies, quits office or is unable to act, the appellant may, on giving notice to the respondent, apply to the Supreme Court to state a case; and if a case is then stated, it shall be dealt with as if it had been stated by the justice.
(2) The appellant shall, before a case is stated by the Supreme Court under this section, enter into a recognizance as provided in section 106.
Historical Note(s): RS1960-373-87.
108. Where a justice to whom an application to state a case is made considers that the application is frivolous, he may refuse to state a case, and shall, at the request of the appellant, issue to him a certificate of the refusal, but the justice shall not refuse to state a case where the application is made by or at the direction of the Attorney General or counsel acting on his behalf.
Historical Note(s): RS1960-373-88.
109. (1) Where the justice refuses to state a case, the appellant may apply to the Supreme Court, on an affidavit setting out the facts, for an order directing the justice and the respondent to show cause why a case should not be stated.
(2) Where an application is made under subsection (1), the Supreme Court may make the order or dismiss the application, with or without payment of costs by the appellant or the justice, as it considers appropriate in the circumstances.
(3) Where an order is made under this section, the justice shall, on being served with a copy of it and on the appellant entering into a recognizance under section 106 (1), state a case accordingly.
Historical Note(s): RS1960-373-89.
110. No writ of certiorari or other writ is required to remove a conviction, order or other determination in relation to which a case is stated for the purpose of obtaining the judgment, determination or opinion of the Supreme Court.
Historical Note(s): RS1960-373-90.
111. Where a case is stated under this Act, the Supreme Court shall hear and determine the grounds of appeal, and may
(a) affirm, reverse or modify the conviction, order or determination;
(b) send the case back to the justice for amendment and deliver judgment after it has been amended; or
(c) remit the matter to the justice with the opinion of the Supreme Court,
and may make
(d) any other order in relation to the matter that it considers proper; and
(e) any order with respect to costs that it considers proper and that could be made by a justice, but, except as provided in section 109 (2), no order for the payment of costs shall be made against the justice who states a case.
Historical Note(s): RS1960-373-91; 1974-91-10.
112. (1) Where the Supreme Court has rendered its decision on a stated case, the justice in relation to whose adjudication the case has been stated or a justice exercising the same jurisdiction has the same authority to enforce a conviction, order or determination that has been affirmed, amended or made by the Supreme Court as the justice would have had if a case had not been stated.
(2) An order of the Supreme Court may be enforced by its own process.
Historical Note(s): RS1960-373-92.
113. (1) Every person for whom a case is stated in respect of an adjudication of a justice from which he is entitled to an appeal under section 92 shall be taken to have abandoned all his rights of appeal under that section.
(2) Where it is provided by law that no appeal lies from a conviction or order, no appeal by way of a stated case lies from such a conviction or order.
Historical Note(s): RS1960-373-93.
114. (1) An appeal to the Court of Appeal may, with leave of a justice of that court, be taken on any ground that involves a question of law alone against a decision of
(a) a court in respect of an appeal under section 99; or
(b) the Supreme Court in respect of a stated case under section 111.
(2) Sections 601 to 616 of the Criminal Code apply, with the necessary changes and so far as applicable, to an appeal under this section, and the Court of Appeal may grant a new trial.
(3) Notwithstanding subsection (2), the Court of Appeal may make any order with respect to costs that it considers proper in relation to an appeal under this section.
(4) The decision of the Court of Appeal may be enforced in the same manner as if it had been made by the justice before whom the proceedings were originally heard and determined.
(5) The Rules of Court made by the Court of Appeal under section 438 of the Criminal Code apply, with the necessary changes and so far as applicable, to an appeal to the Court of Appeal under this Act.
Historical Note(s): RS1960-373-94; 1963-45-9; 1972-60-9; 1982-7-91, proclaimed effective September 7, 1982.
115. No conviction or order shall be removed by certiorari where
(a) an appeal was taken, whether or not the appeal has been carried to a conclusion; or
(b) the defendant appeared and pleaded and the merits were tried, and an appeal might have been taken but the defendant did not appeal.
Historical Note(s): RS1960-373-95.
116. No conviction, order or warrant for enforcing a conviction or order shall, on being removed by certiorari, be held to be invalid for an irregularity, informality or insufficiency in it where the court before which the question is raised, on perusal of the evidence, is satisfied that
(a) an offence of the nature described in the conviction, order or warrant, as the case may be, was committed;
(b) there was jurisdiction to make the conviction or order or issue the warrant, as the case may be; and
(c) the punishment imposed, if any, was not in excess of the punishment that might lawfully have been imposed;
but the court has the same powers to deal with the proceedings in the manner that it considers proper that are conferred on a court to which an appeal might have been taken.
Historical Note(s): RS1960-373-96(1).
117. (1) Where, in proceedings to which section 116 applies, the court is satisfied that a person was properly convicted of an offence but the punishment that was imposed is greater than the punishment that might have lawfully been imposed, the court shall
(a) correct the sentence,
(i) where the punishment is a fine, by imposing a fine that does not exceed the maximum fine that might lawfully have been imposed;
(ii) where the punishment is imprisonment, and the person has not served a term of imprisonment under the sentence that is equal to or greater than the term of imprisonment that might lawfully have been imposed, by imposing a term of imprisonment that does not exceed the maximum term of imprisonment that might lawfully have been imposed; or
(iii) where the punishment is a fine and imprisonment, by imposing a punishment in accordance with subparagraph (i) or (ii), as the case requires; or
(b) remit the matter to the justice and direct him to impose a punishment that is not greater than the punishment that may be lawfully imposed.
(2) Where an adjudication is varied under section 116, or subsection (1) of this section, the conviction and warrant of committal, if any, shall be amended to conform with the adjudication as varied.
(3) Any statement that appears in a conviction and is sufficient for the conviction is sufficient for the information, summons, order or warrant in which it appears in the proceedings.
Historical Note(s): RS1960-373-96(2,3,4).
118. Without restricting the generality of sections 116 and 117, those sections are deemed to apply where
(a) the statement of the adjudication, or of any other matter or thing, is in the past tense instead of in the present tense;
(b) the punishment imposed is less than the punishment that might by law have been imposed for the offence that appears by the evidence to have been committed; or
(c) there has been an omission to negative circumstances, the existence of which would make the act complained of lawful, whether those circumstances are stated by way of exception or otherwise in the provision under which the offence is charged, or are stated in another provision.
Historical Note(s): RS1960-373-97.
119. No warrant of committal shall, on certiorari or habeas corpus, be held to be void by reason only of any defect in it where
(a) it is alleged in the warrant that the defendant was convicted; and
(b) there is a valid conviction to sustain the warrant.
Historical Note(s): RS1960-373-98.
120. Where an application is made to quash a conviction, order or other proceeding made or held by a justice on the ground that he exceeded his jurisdiction, the court to which the application is made may, in quashing the conviction, order or other proceeding, order that no civil proceedings shall be taken against the justice or against any officer who acted under the conviction, order or other proceeding, or under any warrant issued to enforce it.
Historical Note(s): RS1960-373-99.
121. (1) The forms set out in the Schedule, varied to suit the case or forms of similar effect, are deemed to be good, valid and sufficient in the circumstances for which, respectively, they are provided.
(2) No justice is required to attach or affix a seal to any writing or process that he is authorized to issue and in respect of which a form is provided in the Schedule.
Historical Note(s): RS1960-373-100.
121.1 (1) The Lieutenant Governor in Council may make regulations.
(2) Without limiting the generality of subsection (1), the Lieutenant Governor in Council may make regulations
(a) prescribing the form and content of the violation tickets issued under section 14,
(b) designating any person or class of persons as an enforcement officer and prescribing the enactments in respect of which a designated person or class of persons may issue a violation ticket under section 14, issue an appearance notice under section 32.1 (1) or issue both a violation ticket and an appearance notice,
(c) authorizing any word or expression on a violation ticket issued under section 14 to designate an offence under an Act or the regulations made under it, and
(d) prescribing forms of certificates.
Historical Note(s): 1982-38-15, effective December 12, 1986 (B.C. Reg. 271/86); 1990-22-7.
122. Where, in any proceeding, matter or thing to which this Act applies, express provision has not been made in this Act or only partial provision has been made, the provisions of the Criminal Code relating to offences punishable on summary conviction apply, with the necessary changes and so far as applicable, as if its provisions were enacted in and formed part of this Act.
Historical Note(s): RS1960-373-101.
Form 1
(Offence Act)
Information to Obtain a Search Warrant
| Canada: Province of British Columbia: County of |
|
This is the information of A.B., of _________________________, in [territorial division], [occupation], called the "informant", taken before me.
The informant says that [describe things to be searched for and offence in respect of which search is to be made], and that he has reasonable grounds for believing that the things or some part of them are in the [dwelling house, etc.] of C.D., of ____________________________ , in [territorial division] [here add the grounds of belief, whatever they may be].
The informant requests a search warrant be granted to search the [dwelling house, etc.] for the things.
| Sworn before me ____________, _____________ ___________ [month, day], 19__, at __________ _______________________________________ A _____________________ in and for the Province of British Columbia. |
|
_______________________________________ (Signature of Informant) |
Form 2
(Offence Act)
Information
| Canada: Province of British Columbia: County of |
|
This is the information of C.D., of _______________________ [occupation], called the "informant".
The informant says that [if the informant has not personal knowledge, state that he has reasonable and probable grounds to believe and does believe and state the offence].
| Sworn before me ____________, _____________ ___________ [month, day], 19__, at __________ _______________________________________ A _____________________ in and for the Province of British Columbia. |
|
_______________________________________ (Signature of Informant) |
Form 5
(Offence Act)
Warrant to Search
| Canada: Province of British Columbia: County of |
|
To the peace officers in [territorial division]:
It appears on the oath of A.B., of _______________________, that there are reasonable grounds for believing that [describe things to be searched for and offence in respect of which search is to be made] are in ____________________ at ____________________, called the "premises":
This is to authorize and require you between the hours of [as the justice may direct] to enter the premises and to search for the things and to bring them before me or another justice.
Dated __________ [month, day], 19__, at ____________________________.
_______________________________
A ______________ in and for the
Province of British Columbia
Form 5.1
(Offence Act)
Warrant to Search
| Canada: Province of British Columbia: County of |
|
To A.B., and other peace officers in [territorial division in which the warrant is intended for execution]:
It appears on the oath of A.B., a peace officer in [territorial division], that there are reasonable grounds for dispensing with an information presented personally and in writing, and that there are reasonable grounds for believing that [describe things to be searched for and offence in respect of which search is to be made] are in _____________________________ at ____________________, called "the premises":
This is to authorize and require you within 3 days of this warrant's issuance between the hours of [as the justice may direct] to enter the premises and to search for and seize the things and to report on the execution of the warrant as soon as practicable but within a period not exceeding 7 days after the execution of the warrant to the clerk of the court for the [territorial division in which the warrant is intended for execution].
Issued at ________________ [time] on __________________ [month, day], 19__ at _______________________ [place].
_______________________________
A ______________ in and for the
Province of British Columbia
To the Occupant: This search warrant was issued by telephone or other means of telecommunication. If you wish to know the basis on which this warrant was issued, you may apply to the clerk of the court for the territorial division in which the warrant was executed, at [address], to obtain a copy of the information on oath.
You may obtain from the clerk of the court a copy of the report filed by the peace officer who executed this warrant. That report will indicate the things, if any, that were seized and the location where they are being held.
Form 7
(Offence Act)
Warrant to Search
| Canada: Province of British Columbia: County of |
|
To the peace officers in [territorial division]:
A.B., of ____________________, [occupation], called the "defendant", has been charged that [state the offence as in the information]:
This is to command you, in Her Majesty's name, at once to arrest the defendant and to bring him before ____________________ or any justice in and for [territorial division], to answer to the charge and to be dealt with according to law.
Dated __________ [month, day], 19__, at ____________________________.
_______________________________
A ______________ in and for the
Province of British Columbia
Form 9
(Offence Act)
Warrant Where Defendant Fails to Appear after Adjournment
| Canada: Province of British Columbia: County of |
|
To the peace officers in the [territorial division]:
A.B., of _______________, called the "defendant", appeared before me on __________ [month, day], 19__, on a charge that [state the offence as in the information]:
And the trial [or inquiry, etc.] was adjourned to ________________ [month, day], 19__:
And the defendant failed to appear at the time and place to which the trial [or inquiry, etc.] was adjourned:
This is to command you, in Her Majesty's name, at once to arrest the defendant and to bring him before me or any justice in and for [territorial division], to answer to the charge and to be dealt with according to law.
Dated __________ [month, day], 19__, at ____________________________.
_______________________________
A ______________ in and for the
Province of British Columbia
Form 11
(Offence Act)
Subpoena to a Witness
| Canada: Province of British Columbia: County of |
|
To E.F., of ____________________, [occupation]:
A.B. has been charged that [state offence as in the information], and it has been made to appear that you are likely to give material evidence for the prosecution [or the defence]:
This is to command you to attend before [name of justice], on __________ [month, day], 19__, at ___________ o'clock in the noon, at _______________________, to give evidence concerning the charge.*
Dated __________ [month, day], 19__, at ____________________________.
_______________________________
A ______________ in and for the
Province of British Columbia
* Where a witness is required to produce documents add the following: and to bring with you any writings in your possession or under your control that relate to the charge, and more particularly the following [specify any writings required].
Form 12
(Offence Act)
Warrant for Witness
| Canada: Province of British Columbia: County of |
|
To the peace officers in [territorial division]:
A.B., of ____________________, has been charged that [state offence as in the information]:
And it has been made to appear that E.F., _______________________, called the "witness", is likely to give material evidence for the prosecution [or the defence], and that* ____________________:
This is to command you, in Her Majesty's name, to bring the witness before [name of justice] on __________ [month, day], 19__, at __________ o'clock in the __________ noon, at ____________________, to give evidence concerning the charge.
Dated __________ [month, day], 19__, at ____________________________.
_______________________________
A ______________ in and for the
Province of British Columbia
* Insert whichever of the following is appropriate:
(a) E.F. will not attend unless compelled to do so.
(b) E.F. is evading service of a subpoena.
(c) E.F. was served with a subpoena and has neglected to attend at the time and place appointed
in it [or to remain in attendance].
(d) E.F. was bound by a recognizance to attend and give evidence and has neglected to attend
[or to remain in attendance].
Form 13
(Offence Act)
Warrant to Arrest an Absconding Witness
| Canada: Province of British Columbia: County of |
|
To the peace officers in [territorial division]:
A.B., of ___________________________ , has been charged that [state offence as in the information]:
And I am satisfied by information in writing and under oath that C.D., of ______________, called the "witness", is bound by recognizance to give evidence on the trial of the defendant on the charge, and that the witness has absconded [or is about to abscond]:
This is to command you, in Her Majesty's name, to arrest the witness and bring him before [the justice before whom the witness is bound to appear], to be dealt with according to law.
Dated __________ [month, day], 19__, at ____________________________.
_______________________________
A ______________ in and for the
Province of British Columbia
Form 14
(Offence Act)
Warrant Remanding a Prisoner
| Canada: Province of British Columbia: County of |
|
To the peace officers in [territorial division]:
You are commanded at once to convey to the [prison] at ______________________ the persons named in the following schedule, each of whom has been remanded to the time mentioned in the schedule:
| Person Charged | Offence | Remanded to — |
| _________________________ | _________________________ | _________________________ |
And I command you, the keeper of the prison, to receive each of the persons into your custody in the prison and keep him safely until the day when his remand expires and then to have him before me or any other justice at ___________ at ___________ o'clock in the __________ noon of the day, there to answer the charge and to be dealt with according to law, unless you are otherwise ordered before that time.
Dated __________ [month, day], 19__, at ____________________________.
_______________________________
A ______________ in and for the
Province of British Columbia
Form 18
(Offence Act)
Warrant of Committal on Conviction
| Canada: Province of British Columbia: County of |
|
To the peace officers in [territorial division] and to the keeper of the [prison] at _____________:
A.B., called the "defendant", was convicted today on a charge that [state offence as in the information], and it was adjudged that the defendant for his offence* ____________________:
You are commanded, in Her Majesty's name, to take the defendant and convey him safely to the [prison] at _______________________, and deliver him to the keeper, together with the following:
You, the keeper, are commanded to receive the defendant into custody in the prison and imprison him there.
Dated __________ [month, day], 19__, at ____________________________.
_______________________________
A ______________ in and for the
Province of British Columbia
* Use whichever of the following forms of sentence is applicable:
(a) be imprisoned in the [prison] at ____________________ for the term of __________:
(b) forfeit and pay the sum of $_____________, to be applied according to law, and
also pay to _____________________ the sum of $ __________, in respect of costs, and
in default of payment of the sums at once [or within a time fixed, if any] be imprisoned
in the [prison] at ______________________ for the term of __________, unless the sums
and costs and charges of the committal and of conveying the defendant to the prison
are paid:
(c) be imprisoned in [prison] at ________________________ for the term of __________,
and in addition [as in (b) above].
Form 19
(Offence Act)
Warrant of Committal on an Order for the Payment of Money
| Canada: Province of British Columbia: County of |
|
To the peace officers [territorial division] and to the keeper of the [prison] at _______________:
A.B., called the "defendant", was tried on an information alleging that [set out matter of complaint], and it was ordered that [set out the order made], and in default that the defendant be imprisoned in the [prison] at ____________________ for a term of __________:
I command you, in Her Majesty's name, to take the defendant and convey him safely to the [prison] at ________________________, and deliver him to the keeper together with the following:
I command you, the keeper of the prison, to receive the defendant into your custody in the prison and imprison him there for the term of ___________, unless the amounts and the costs and charges of the committal and of conveying the defendant to the prison are paid.
Dated __________ [month, day], 19__, at ____________________________.
_______________________________
A ______________ in and for the
Province of British Columbia
Form 20
(Offence Act)
Warrant of Committal for Failure to Furnish Recognizance to Keep the Peace
| Canada: Province of British Columbia: County of |
|
To the peace officers [territorial division] and to the keeper of the [prison] at _______________:
A.B., called the "defendant", has been ordered to enter into a recognizance to keep the peace and be of good behaviour, and has refused [or failed] to enter into a recognizance accordingly:
You are commanded, in Her Majesty's name, to take the defendant and convey him safely to the [prison] at ______________________ and deliver him to the keeper, together with the following:
You, the keeper, are commanded to receive the defendant into your custody in the prison and imprison him there until he enters into a recognizance or until he is discharged in due course of law.
Dated __________ [month, day], 19__, at ____________________________.
_______________________________
A ______________ in and for the
Province of British Columbia
Form 22
(Offence Act)
Warrant of Committal for Contempt
| Canada: Province of British Columbia: County of |
|
To the peace officers in [territorial division] and to the keeper of the [prison] at _____________.
E.F., of ___________________, called the "defaulter", was, on __________ [month, day], 19__, at _________________________, convicted before __________________________ for contempt in that he did not attend before ________________________ to give evidence on the trial of a charge that [state offence as in the information] against A.B., of __________________, although subpoenaed [or bound by recognizance to appear and give evidence in that behalf, as the case may be] and did not show sufficient excuse for his default:
On conviction it was adjudged that the defaulter [set out punishment adjudged]:
The defaulter has not paid the amounts adjudged to be paid [delete if not applicable]:
This is to command you, in Her Majesty's name, to take the defaulter and convey him safely to the prison at ____________________ and to deliver him to the keeper, together with the following:
I command you, the keeper, to receive the defaulter into your custody in the prison and imprison him there.*
Dated __________ [month, day], 19__, at ____________________________.
_______________________________
A ______________ in and for the
Province of British Columbia
* Insert whichever of the following is applicable:
(a) for the term of __________:
(b) for the term of __________, unless the sums and the costs and charges of the committal
and of conveying the defaulter to the prison are paid; or
(c) for the term of ______________ and for the term of [if consecutive so state],
unless the sums and costs and charges of the committal and of conveying the defaulter
to the prison are paid.
Form 23
(Offence Act)
Warrant of Committal in Default of Payment of Costs of an Appeal
| Canada: Province of British Columbia: County of |
|
To the peace officers of [territorial division] and to the keeper of the [prison] at _____________.
It appears that on the hearing of an appeal before the [set out justice], it was adjudged that A.B., of _______________________, called the "defaulter", should pay to the clerk of the court the sum of $ _____________, in respect of costs:
And the clerk of the court has certified that the defaulter has not paid the sum within the time limited:
I command you, in Her Majesty's name, to take the defaulter and safely convey him to the [prison] at _______________________ and deliver him to the keeper, together with the following:
I command you, the keeper, to receive the defaulter into your custody in the prison and imprison him for the term of __________, unless the sum and the costs of the committal and of conveying the defaulter to prison are paid.
Dated __________ [month, day], 19__, at ____________________________.
_______________________________
A ______________ in and for the
Province of British Columbia
Form 25
(Offence Act)
Endorsement of Warrant
| Canada: Province of British Columbia: County of |
|
Under an application made today to me, I authorize the execution of this warrant in [territorial division].
Dated __________ [month, day], 19__, at ____________________________.
_______________________________
A ______________ in and for the
Province of British Columbia
Form 26
(Offence Act)
Endorsement of Warrant
| Canada: Province of British Columbia: County of |
|
To the peace officers in the [territorial division]:
I authorize the release of the defendant under section 32.
Dated __________ [month, day], 19__, at ____________________________.
_______________________________
A ______________ in and for the
Province of British Columbia
Form 28
(Offence Act)
Recognizance
| Canada: Province of British Columbia: County of |
|
Today the persons named in the following schedule personally came before me and severally acknowledged themselves to owe to Her Majesty the Queen the several amounts set opposite their respective names, namely:
| Name | Address | Occupation | Amount |
| A.B. | |||
| C.D. | |||
| E.F. |
to be made and levied of their individual property, respectively, to the use of Her Majesty the Queen, if A.B. fails in the following condition:*
Taken and acknowledged before me on _________ [month, day], 19__, at _____________.
_______________________________
A ______________ in and for the
Province of British Columbia
* Use whichever of the following conditions is appropriate:
(a) A.B. has been charged [state offence as in the information]: The condition of the above written recognizance is that if A.B. appears before the [state justice] on __________ [month, day], 19__, at __________ o'clock in the _______________ noon, at [place], to answer to the charge and to be dealt with according to law, the recognizance
is void, otherwise it stands in full force and virtue.
(b) The condition of the above written recognizance is that if A.B. keeps the peace and is of good behaviour for the term of _____________ commencing
on _______________________, the recognizance is void, otherwise it stands in full
force and virtue.
(c) The condition of the above written recognizance is that if A.B. appears and receives judgment when called on during the term of _____________ commencing
on __________, and during that term keeps the peace and is of good behaviour [add special conditions as authorized and applicable], the recognizance is void, otherwise it stands in full force and virtue.
(d) A.B., called the "appellant", has appealed against his conviction [or against an order or by way of stated case] in respect of the following matter [set out offence, subject matter, of order or question of law]:
The condition of the above written recognizance is that if the appellant personally
appears at the sittings of the court at which the appeal [or stated case] is to be heard and abides the judgment of the court, the recognizance is void, otherwise
it stands in full force and virtue.
Form 31
(Offence Act)
Conviction
| Canada: Province of British Columbia: County of |
|
On __________ [month, day], 19__, A.B. called the "defendant", was tried under the Offence Act on the charge that [state fully the offence of which defendant was convicted], was convicted of the offence, and the following punishment was imposed on him, namely:*
Dated __________ [month, day], 19__, at ____________________________.
_______________________________
A ______________ in and for the
Province of British Columbia
* Use whichever of the following forms of sentence is applicable:
(a) That the defendant be imprisoned in the [prison] at ____________________ for the term of __________.
(b) That the defendant forfeit and pay the sum of $_______________, to be applied
according to law, and also pay to _________________________ the sum of $__________
in respect of costs, and in default of payment of the sums at once [or within a time fixed, if any] to be imprisoned in the [prison] at ____________________ for the term of __________, unless the sums and costs and
charges of the committal and of conveying the defendant to the prison are paid.
(c) That the defendant be imprisoned in the [prison] at ______________________ for the term of __________, and in addition forfeit and
pay the sum of $_____________, to be applied according to law, and also pay to the
sum of $ ___________ in respect of costs, and in default of payment of the sums at
once [or within a time fixed, if any] to be imprisoned in the [prison] at _____________________ for the term of __________, unless the sums and costs and
charges of the committal and of conveying the defendant to the prison are paid.
Form 32
(Offence Act)
Order Against a Defendant
| Canada: Province of British Columbia: County of |
|
On __________ [month, day], 19__, A.B., of ________________________, was tried on an information alleging that [set out matter of complaint], and it was ordered and adjudged that [set out the order made].
Dated __________ [month, day], 19__, at ____________________________.
_______________________________
A ______________ in and for the
Province of British Columbia
Form 34
(Offence Act)
Conviction for Contempt
| Canada: Province of British Columbia: County of |
|
On __________ [month, day], 19__, at __________________________, in [territorial division], E.F., of _______________________, called the "defaulter", is convicted by me for contempt in that he did not attend before [name of justice] to give evidence on the trial of a charge that [state fully offence with which defendant was charged], although subpoenaed [or bound by recognizance to attend to give evidence, as the case may be] and has not shown before me sufficient excuse for his default:
I adjudge the defaulter for his default [set out punishment as authorized and determined in accordance with section 45].
Dated __________ [month, day], 19__, at ____________________________.
_______________________________
A ______________ in and for the
Province of British Columbia
Form 35
(Offence Act)
Order for Discharge of a Person in Custody
| Canada: Province of British Columbia: County of |
|
To the keeper of the [prison] at ____________________:
I direct you to release E.F., detained by you under a warrant of committal [or order] dated __________ [month, day], 19__, if E.F. is detained by you for no other cause.
_______________________________
A ______________ in and for the
Province of British Columbia
Form 38
(Offence Act)
Certificate of Nonpayment of Costs of Appeal
In the court of ____________________.
[Style of cause.]
I certify that A.B., the appellant [or respondent, as the case may be], in this appeal, having been ordered to pay costs in the sum of $___________, has failed to pay the costs within the time limited for payment.
Dated __________ [month, day], 19__, at ____________________________.
__________________________________________________
Clerk of the ____________ Court of __________________
[Seal.]
Form 39
(Offence Act)
Jailer's Receipt to Peace Officer for Prisoner
I certify that I have received from X.Y., a peace officer for [territorial division], one A.B., together with a warrant [or order] issued by [set out court or justice, as the case may be].*
Dated __________ [month, day], 19__, at ___________________________.
____________________________
Keeper of [prison].
*Add a statement of the condition of the prisoner.
Tariff of Fees
| Fees and Allowances That May Be Charged by Justices | ||
| 1. | Warrant where summons issued in first instance | 5.00 |
| Fees and Allowances That May Be Allowed to Witnesses | ||
| 2. | Each day attending trial | 4.00 |
| 3. | Travelling to attend trial, each way, for each kilometre | .062 |
| Fees and Allowances That May Be Allowed to Interpreters | ||
| 4. | Each half day attending trial | 2.50 |
| 5. | Actual living expenses when away from ordinary place of residence, not to exceed per day | 10.00 |
| 6. | Travelling to attend trial, each way, for each kilometre | .06 |
Historical Note(s): RS1960-373-Sch.; 1966-45-22; 1968-12-13; 1977-53-7; 1978-11-12; 1982-38-16, effective December 12, 1986 (B.C. Reg. 271/86); 1989-75-5; 1990-33-9.
Copyright (c) Queen's Printer, Victoria, British Columbia, Canada