Nova Scotia Rules of Practice Respecting Applications and Hearings Concerning a Reduction in the Number of Years of Imprisonment without Eligibility for Parole (SOR/2005-10)

Regulations are current to 2013-05-20

Nova Scotia Rules of Practice Respecting Applications and Hearings Concerning a Reduction in the Number of Years of Imprisonment without Eligibility for Parole

SOR/2005-10

CRIMINAL CODE

Registration 2005-01-04

Nova Scotia Rules of Practice Respecting Applications and Hearings Concerning a Reduction in the Number of Years of Imprisonment without Eligibility for Parole

The Chief Justice of the Supreme Court of Nova Scotia, pursuant to subsection 745.64(1)Footnote a of the Criminal Code, hereby makes the annexed Nova Scotia Rules of Practice Respecting Applications and Hearings Concerning a Reduction in the Number of Years of Imprisonment without Eligibility for Parole.

Halifax, Nova Scotia, December 21, 2004

The Honourable Joseph P. Kennedy
Chief Justice of the
Supreme Court of Nova Scotia

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 by an applicant pursuant to subsection 745.6(1) of the Act. (demande)

“Attorney General”

“Attorney General” means the Attorney General of Nova Scotia and includes counsel acting for the Attorney General. (procureur général)

“Chief Justice”

“Chief Justice” means the Chief Justice of the Supreme Court of Nova Scotia. (juge en chef)

“judge”

“judge” means a judge of the Supreme Court of Nova Scotia. (juge)

“local prothonotary”

“local prothonotary” means the prothonotary of the Supreme Court of Nova Scotia for the county in which a pre-hearing conference or hearing in respect of an application takes place. (protonotaire local)

“presiding judge”

“presiding judge” means the judge designated by the Chief Justice pursuant to subsection 745.61(5) of the Act to empanel a jury. (juge qui préside)

“prothonotary”

“prothonotary” means the prothonotary of the Supreme Court of Nova Scotia at Halifax. (protonotaire)

APPLICATION

Application for Reduction

2. An application shall be in writing in Form A set out in the schedule and shall indicate

  • (a) the applicant’s full name and date of birth;

  • (b) the name and place of the institution in which the applicant is detained;

  • (c) the name and place of each institution in which the applicant has been detained since the time of the applicant’s arrest for the offence that is the subject of the application and the date of entry into each of those institutions;

  • (d) the offence and the sentence in respect of which the application is made, the dates of conviction and sentencing and the place of trial;

  • (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) the grounds to be relied on in support of the application, stated precisely and concisely;

  • (g) a statement of the relief sought; and

  • (h) the applicant’s address for service.