British Columbia Rules of Practice Respecting Reduction in the Number of Years of Imprisonment Without Eligibility for Parole (SOR/97-569)

Regulations are current to 2012-05-14 and last amended on 2006-06-22. Previous Versions

British Columbia Rules of Practice Respecting Reduction in the Number of Years of Imprisonment Without Eligibility for Parole

SOR/97-569

CRIMINAL CODE

Registration 1997-12-09

British Columbia Rules of Practice Respecting Reduction in the Number of Years of Imprisonment Without Eligibility for Parole

The Chief Justice of the Supreme Court of British Columbia, pursuant to subsection 745.64(1)Footnote a of the Criminal Code, hereby makes the annexed British Columbia Rules of Practice Respecting Reduction in the Number of Years of Imprisonment Without Eligibility for Parole.

Dated at Vancouver, British Columbia, this 5th day of November, 1997

Bryan Williams
Chief Justice of the Supreme Court of British Columbia

RULE 7

APPLICATIONS FOR A REDUCTION IN THE NUMBER OF YEARS OF IMPRISONMENT WITHOUT ELIGIBILITY FOR PAROLE

General

(1) The following definitions apply in Rule 7.

“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 made pursuant to subsection 745.6(1) of the Code. (demande)

“Attorney General”

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

“district registrar”

“district registrar” means the district registrar of the Supreme Court of British Columbia for the Vancouver Judicial District. (registraire du district)

“judge”

“judge” means the judge of the Supreme Court of British Columbia designated by the Chief Justice to empanel a jury pursuant to subsection 745.61(5) of the Code in respect of an application. (juge)

(2) These Rules come into force on December 1, 1997.

(3) The British Columbia Rules of Practice Respecting Reduction in the Number of Years of Imprisonment Without Eligibility for ParoleFootnote 1 are repealed.

(4) Subrules 1(5) to (10) of the Criminal Rules of the Supreme Court of British Columbia apply in respect of Rule 7.

Application for Reduction

(5) An application for a reduction in the number of years of imprisonment without eligibility for parole shall be in writing in Form 8 and shall indicate

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

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

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

  • (d) 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;

  • (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;

  • (g) the relief sought; and

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