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Difference between revisions of "Other Issues in Criminal Matters (1:VIII)"
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Other Issues in Criminal Matters (1:VIII) (view source)
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{{REVIEWED LSLAP | date= July | {{REVIEWED LSLAP | date= July 27, 2021}} | ||
{{LSLAP Manual TOC|expanded = criminal}} | {{LSLAP Manual TOC|expanded = criminal}} | ||
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=== 1. Provincial offences === | === 1. Provincial offences === | ||
A convicted person may not be jailed for defaulting on payment of a fine, except as under the ''Small Claims Act'', RSBC 1996, c 430 (''Offence Act'', s 82). Failure to pay a fine can result in the Crown obtaining a court Judgment Order by filing the conviction and entering the amount of the fine. The order has the same effect as a judgment in a civil case. The Crown can collect the fine by a Garnishing Order, Warrant of Execution, or other means, just as a judgment would be enforced in a civil case. | A convicted person may not be jailed for defaulting on payment of a fine, except as under the ''[https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-430/latest/rsbc-1996-c-430.html?autocompleteStr=Small%20Claims%20Act&autocompletePos=1 Small Claims Act]'', RSBC 1996, c 430 (''Offence Act'', s 82). Failure to pay a fine can result in the Crown obtaining a court Judgment Order by filing the conviction and entering the amount of the fine. The order has the same effect as a judgment in a civil case. The Crown can collect the fine by a Garnishing Order, Warrant of Execution, or other means, just as a judgment would be enforced in a civil case. | ||
=== 2. Federal summary and indictable offences === | === 2. Federal summary and indictable offences === | ||
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==== c) Record suspension ==== | ==== c) Record suspension ==== | ||
A record suspension (formerly a pardon) allows people who were convicted of a criminal offence, but have completed their sentence and demonstrated they are law-abiding citizens for a prescribed number of years, to have their criminal record kept separate and apart from other criminal records. The waiting period is: | A record suspension (formerly a pardon) allows people who were convicted of a criminal offence, but have completed their sentence and demonstrated they are law-abiding citizens for a prescribed number of years, to have their criminal record kept separate and apart from other criminal records. The waiting period is: | ||
* 5 years (after the sentence is completed) for a summary offence (or a service offence under the ''National Defence Act''). | * 5 years (after the sentence is completed) for a summary offence (or a service offence under the ''[https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-n-5/latest/rsc-1985-c-n-5.html?autocompleteStr=National%20Defence%20Act&autocompletePos=1 National Defence Act]''). | ||
* 10 years (after the sentence is completed) for an indictable offence (or a service offence under the ''National Defence Act'' for which you were fined more than $5,000, detained or imprisoned for more than 6 months). | * 10 years (after the sentence is completed) for an indictable offence (or a service offence under the ''National Defence Act'' for which you were fined more than $5,000, detained or imprisoned for more than 6 months). | ||
