New Brunswick Rules of Practice Respecting Reduction in the Number of Years of Imprisonment without Eligibility for Parole

SOR/2004-264

CRIMINAL CODE

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.

Moncton, New Brunswick, November 19, 2004

David D. Smith

Chief Justice of The

Court of Queen's Bench of

New Brunswick

INTERPRETATION

 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

 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.