Difference between revisions of "Substantive Law on Criminal Offences (1:V)"
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The procedure followed for laying an Information (or charge), issuing a summons, appearing for trial, etc. is set out in the ''Offence Act.'' However, the procedure to be followed may be altered by the provincial statute that creates the specific offence. | The procedure followed for laying an Information (or charge), issuing a summons, appearing for trial, etc. is set out in the ''Offence Act.'' However, the procedure to be followed may be altered by the provincial statute that creates the specific offence. | ||
Where the Offence Act is silent concerning a procedural matter, the ''Criminal Code'' provisions governing federal summary proceedings apply. There is little difference between the procedures set out in the Offence Act and the Criminal Code provisions for summary proceedings. | Where the ''Offence Act'' is silent concerning a procedural matter, the ''Criminal Code'' provisions governing federal summary proceedings apply. There is little difference between the procedures set out in the Offence Act and the Criminal Code provisions for summary proceedings. | ||
==== ''Criminal Code'' and other federal summary offences ==== | ==== ''Criminal Code'' and other federal summary offences ==== | ||
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=== b) Indictable offences === | === b) Indictable offences === | ||
Most indictable offences specify the maximum term of imprisonment. If no maximum is specifically stated, the maximum term is five years (''Criminal Code'', s 743). Minor indictable offences (e.g. theft under $5,000) carry maximum jail terms of two years. Other indictable offences carry greater maximum jail terms of five years, seven years (e.g. possession of a narcotic), 10 years (i.e. theft over $5,000), 14 years, or life (i.e. trafficking a narcotic). | Most indictable offences specify the maximum term of imprisonment. If no maximum is specifically stated, the maximum term is five years (''Criminal Code'', s 743). Minor indictable offences (e.g. theft under $5,000) carry maximum jail terms of two years. Other indictable offences carry greater maximum jail terms of five years, seven years (e.g. possession of a narcotic), 10 years (i.e. theft over $5,000), 14 years, or life (i.e. trafficking a narcotic). | ||
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