New Brunswick Rules of Practice Respecting Reduction in the Number of Years of Imprisonment without Eligibility for Parole (SOR/2004-264)
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Regulations are current to 2013-04-29
New Brunswick Rules of Practice Respecting Reduction in the Number of Years of Imprisonment without Eligibility for Parole
SOR/2004-264
Registration 2004-11-24
New Brunswick Rules of Practice Respecting Reduction in the Number of Years of Imprisonment without Eligibility for Parole
The Chief Justice of The Court of Queen's Bench of New Brunswick, pursuant to subsection 745.64(1)Footnote a of the Criminal Code, hereby makes the annexed New Brunswick Rules of Practice Respecting Reduction in the Number of Years of Imprisonment without Eligibility for Parole.
Return to footnote aS.C. 1996, c. 34, s. 2(2)
Moncton, New Brunswick, November 19, 2004
David D. Smith
Chief Justice of The
Court of Queen's Bench of
New Brunswick
INTERPRETATION
1. The following definitions apply in these Rules.
- “Act”
“Act” means the Criminal Code. (Loi)
- “applicant”
“applicant” means a person who makes an application and includes, according to the context, counsel acting for that person. (requérant)
- “application”
“application” means an application for a reduction in the number of years of imprisonment without eligibility for parole made under subsection 745.6(1) of the Act. (demande)
- “Attorney General”
“Attorney General” means the Attorney General of New Brunswick and includes counsel acting for the Attorney General. (procureur général)
- “Chief Justice”
“Chief Justice” means the Chief Justice of The Court of Queen's Bench of New Brunswick. (juge en chef)
- “clerk”
“clerk” means the clerk of The Court of Queen's Bench of New Brunswick for the judicial district in which the sentence in respect of which the application is made was imposed. (greffier)
- “judge”
“judge” means a judge of The Court of Queen's Bench of New Brunswick. (juge)
- “presiding judge”
“presiding judge” means the judge designated by the Chief Justice under subsection 745.61(5) of the Act to empanel a jury. (juge qui préside)
APPLICATION
2. An application shall be in writing and shall include the following information:
(a) the given names and surname of the applicant, any other names the applicant may have used and the applicant's date of birth;
(b) the name and place of the institution where the applicant is detained;
(c) the offence for which the applicant was convicted, the date of the conviction and the sentence that was imposed;
(d) the length of time that the applicant has been incarcerated for that offence;
(e) any sentence, in addition to the sentence in respect of which the application is made, that the applicant is serving at the time of the application and the date and place of the imposition of that sentence and the offence in respect of which the sentence was imposed;
(f) all grounds relied on in support of the application;
(g) a statement of the relief sought;
(h) the address for service of the applicant; and
(i) an outline of any evidence that the applicant intends to present in support of the application.
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