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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 23:35, 29 August 2022
, 23:35, 29 August 2022→1. Provincial offences
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== D. Default in payment of fine or non-compliance with order == | == D. Default in payment of fine or non-compliance with order == | ||
=== 1. Provincial | === 1. Provincial Offences === | ||
A convicted person may not be jailed for defaulting on payment of a fine, except as under the ''[https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-430/latest/rsbc-1996-c-430.html?autocompleteStr=Small%20Claims%20Act&autocompletePos=1 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 ''[https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-430/latest/rsbc-1996-c-430.html?autocompleteStr=Small%20Claims%20Act&autocompletePos=1 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. | ||