Difference between revisions of "Other Issues in Criminal Matters (1:VIII)"

Jump to navigation Jump to search
Line 22: Line 22:
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.


=== 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 and makes a court application to extend the time.
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 and makes a court application to extend the time.


5,109

edits

Navigation menu