Procedure at Pre-hearing Conference

  •  (1) At a pre-hearing conference held in connection with an application, the presiding judge shall determine

    • (a) the means of presenting evidence;

    • (b) the names of witnesses, if any, to be called by the parties; and

    • (c) the date and place for the hearing of the application, which place must be within the judicial district in which the sentence in respect of which the application is made was imposed.

  • (2) A certified copy of the transcript of the proceedings at the trial and sentencing of the applicant is admissible as evidence at a pre-hearing conference.

  • (3) The presiding judge shall rule on the admissibility of evidence at a pre-hearing conference.

  • (4) At a pre-hearing conference, the applicant and the Attorney General shall inform the presiding judge of any evidence they intend to present and of the manner in which they intend to present it.

  • (5) Where, at a pre-hearing conference, the applicant or the Attorney General disputes any part of the parole eligibility report, the applicant or the Attorney General may, with leave of the presiding judge, require the attendance of the author of that report at the pre-hearing conference for the purposes of cross-examination.

  • (6) In the case of a dispute at a pre-hearing conference, the presiding judge shall decide what parts of the parole eligibility report and what additional evidence, if any, are to be presented at the hearing of the application.

  • (7) The presiding judge may adjourn a pre-hearing conference as the presiding judge considers appropriate and resume the pre-hearing conference on a day and at a place determined by the presiding judge, except that the place must be within the judicial district in which the sentence in respect of which the application is made was imposed.

Hearing of Application

  •  (1) Not later than 30 days before the date set for the hearing of an application, the applicant and the Attorney General shall ensure that full disclosure of all documents has been made to the other party.

  • (2) The officer in charge of the institution where the applicant is being detained shall take the necessary steps to ensure that the applicant is present on the day and at the place determined for the hearing of the application.

  • (3) Except as otherwise provided in these Rules, Part XX of the Act applies with such modifications as the circumstances require to the empanelling of the jury referred to in subsection 745.61(5) of the Act and to the hearing of an application.

  • (4) No person other than the applicant and the Attorney General shall present evidence at the hearing of an application.

  • (5) The applicant shall present evidence first and may, if the presiding judge so permits, present rebuttal evidence after the Attorney General has presented evidence.

  • (6) A certified copy of the transcript of the proceedings at the trial and sentencing of the applicant is admissible as evidence at the hearing of an application.

  • (7) At the hearing of an application, the presiding judge shall rule on the admissibility of evidence.

  • (8) Where, at any time before the commencement of the hearing of an application, the presiding judge determines as a matter of law that subsection 745.6(1) of the Act does not apply to the applicant, the presiding judge shall dismiss the application with reasons.

  • (9) Where, at any time after the commencement of the hearing of an application, the presiding judge determines as a matter of law that subsection 745.6(1) of the Act does not apply to the applicant, the presiding judge shall dismiss the application with reasons and discharge the jury.

  • (10) After the evidence is presented at the hearing of an application, the applicant, followed by the Attorney General, may address the jury.

  • (11) The presiding judge shall address the jury after the addresses, if any, to the jury by the applicant and the Attorney General.

Orders and Directions

  •  (1) The Chief Justice, the judge designated under subsection 745.61(1) of the Act or the presiding judge may make any orders or give any directions that he or she considers necessary in the circumstances for the due hearing and disposition of an application, including, without restricting the generality of the foregoing, orders or directions with respect to

    • (a) the extension or reduction of a time period;

    • (b) the sufficiency of an application and any affidavit relating to an application;

    • (c) the service and the proof of service of any document;

    • (d) the date and place of the hearing of an application, which place must be within the judicial district in which the sentence in respect of which the application is made was imposed;

    • (e) the summoning of additional witnesses and the production of documents not produced by either party;

    • (f) the adjournment of the hearing of an application, which adjournment must take place within the judicial district in which the sentence in respect of which the application is made was imposed; and

    • (g) any other matter not provided for in these Rules.

  • (2) In addition to any other order that the Chief Justice, judge designated under subsection 745.61(1) of the Act or presiding judge may make, he or she may make any or any combination of the following orders:

    • (a) an order requiring an applicant or the Attorney General to file a general outline of the evidence that party intends to present at the hearing of the application;

    • (b) an order requiring that an applicant be brought before the Court for the hearing of the application or for any purpose contemplated by these Rules; or

    • (c) an order excluding an applicant from any proceeding under these Rules where the Chief Justice, judge or presiding judge is of the opinion that the applicant's conduct at the proceeding is such as to disrupt the proceeding.

  • (3) Section 527 of the Act applies with such modifications as the circumstances require for the purpose of any order made under paragraph (2)(c).

Repeal

 The New Brunswick Rules of Practice Respecting Reduction in the Number of Years of Imprisonment without Eligibility for ParoleFootnote 1 are repealed.

Coming into Force

 These Rules come into force on the day on which they are registered.

 
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