New Brunswick Rules of Practice Respecting Reduction in the Number of Years of Imprisonment without Eligibility for Parole (SOR/2004-264)

Regulations are current to 2013-04-29

ORDERS AND DIRECTIONS

  • 12. (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

13. 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of Practice Respecting Reduction in the Number of Years of Imprisonment without Eligibility for ParoleFootnote 1 are repealed.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

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