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Difference between revisions of "Other Issues in Criminal Matters (1:VIII)"
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Other Issues in Criminal Matters (1:VIII) (view source)
Revision as of 04:08, 8 December 2015
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Desy Wahyuni (talk | contribs) (Created page with "{{LSLAP Manual TOC|expanded = criminal}} == A. Client suspects he or she may be charged with an offence == The client may have been stopped by the police or observed doing "s...") |
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A convicted person may not be jailed for defaulting on payment of a fine, except as under the ''Small Claims Act'', RSBC 1996, c 430 (''Offence Act'', s 82). Failure to pay a fine can result in the Crown obtaining a court Judgment Order by filing the conviction and entering the amount of the fine. The order has the same effect as a judgment in a civil case. The Crown can collect the fine by a Garnishing Order, Warrant of Execution, or other means, just as a judgment would be enforced in a civil case. | A convicted person may not be jailed for defaulting on payment of a fine, except as under the ''Small Claims Act'', RSBC 1996, c 430 (''Offence Act'', s 82). Failure to pay a fine can result in the Crown obtaining a court Judgment Order by filing the conviction and entering the amount of the fine. The order has the same effect as a judgment in a civil case. The Crown can collect the fine by a Garnishing Order, Warrant of Execution, or other means, just as a judgment would be enforced in a civil case. | ||
=== 2.Federal summary and indictable offences === | === 2. Federal summary and indictable offences === | ||
If a fine or a community work service is ordered, the court may grant more time for payment or completion of hours. This is granted when a person has a legitimate excuse for wanting an extension. | If a fine or a community work service is ordered, the court may grant more time for payment or completion of hours. This is granted when a person has a legitimate excuse for wanting an extension. | ||
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=== 1. What is a criminal record? === | === 1. What is a criminal record? === | ||
The answer is not straightforward as different people will use the term "criminal record" to mean different things. Informally, a "criminal record" often refers to criminal convictions. This would include suspended sentences, fines imposed after criminal convictions and any | The answer is not straightforward as different people will use the term "criminal record" to mean different things. Informally, a "criminal record" often refers to criminal convictions. This would include suspended sentences, fines imposed after criminal convictions and any form of incarceration such as house arrest (conditional sentence) or jail time. This would not include discharges, stays of proceedings or withdrawn charges. | ||
A criminal record is also used to refer to the information contained in the Canadian Police Information Centre (CPIC). CPIC is a central computer database that links police from across Canada by allowing each department to enter and access information on a person's criminal history. Depending on the level, this would include the history of any criminal proceedings against a person. As a result, discharges, stays of proceedings, peace bonds and withdrawn charges may appear on a person's CPIC record until they are purged or suspended. | |||
Individual police departments additionally keep a great deal of other information regarding a person's criminal history that is not entered into CPIC. This could include criminal charges outstanding against a person or complaints made to police. | |||
=== 2. What information can a third party find out about? === | |||
It is very important that people read and understand when consenting to disclosure. Often employers will simply ask; "Do you have a criminal record?" – i.e. suspended sentences, fines imposed after criminal convictions and any form of incarceration. In this case, all other information does not have to be disclosed. If a more thorough check is done, the information that is disclosed depends on the agreement signed by the individual. It should be noted that the ''BC Human Rights Code'', RSBC 1996, c 210, s.13, makes it illegal to discriminate based on being convicted of a criminal or summary conviction offence that is unrelated to the employment or to the intended employment of that person. | |||
There are two types of criminal record checks: standard and vulnerable sector. There are 4 levels of standard criminal record checks - level 1 to 4. Criminal record checks can only be done with the consent of the individual. Only police agencies are authorized to conduct a criminal record check, with the exception of BC Ministry of Public Safety and Solicitor General. | |||
*Level 1: Records of criminal convictions which have not been suspended following an application for a criminal record suspension. | |||
*Level 2: Level 1 + outstanding charges that the police force is aware of. | |||
*Level 3: Level 2 + records of discharges which have not been removed (all charges regardless of disposition). | |||
*Level 4: Level 3 + check on local police databases, court and law enforcement agency databases (also known as "Police Record Check"). | |||
The vulnerable sector check includes a level 4 check plus any sexual offences and convictions which a records suspension was granted. A criminal record does not include convictions under provincial laws, like the ''Motor Vehicle Act'', RSBC 1996, c 318. | |||
==== a) How will a criminal record affect my ability to travel? ==== | |||
Each individual country controls entry to its territory and the impact of a criminal record will vary depending on where a person is trying to travel (and often the person working at customs!). Canada and the US share a great deal of intelligence, such as CPIC, and American authorities will use this information when deciding whether or not to admit a person. A criminal conviction could be grounds to deny entry. While discharges are not convictions under Canadian law, American authorities do not make this distinction. Also, information that is purged from CPIC, which was accessed by the American database prior to it being purged from CPIC, may not be erased from American databases. Thus, a criminal history could affect a person's ability to travel, but the exact impact will depend entirely on the policies of the host country. | |||