3,220
edits
Difference between revisions of "I've Been Charged with a Criminal (or Youth) Offence and Want to Change My Release Conditions so I Can Have Contact with My Spouse or Children"
Jump to navigation
Jump to search
I've Been Charged with a Criminal (or Youth) Offence and Want to Change My Release Conditions so I Can Have Contact with My Spouse or Children (view source)
Revision as of 07:24, 30 December 2011
, 07:24, 30 December 2011no edit summary
| Line 7: | Line 7: | ||
(For general information on being charged with a criminal or youth offence, see "[[I've been charged with a criminal (or youth) offence and have to go to court]]" in this Guide.) | (For general information on being charged with a criminal or youth offence, see "[[I've been charged with a criminal (or youth) offence and have to go to court]]" in this Guide.) | ||
== | ==If the conditions you want to change were put there by the police or a justice of the peace== | ||
=== | ===First steps=== | ||
# Get and fill out an [http://www.ag.gov.bc.ca/courts/forms/pcr/pcr315.pdf '''Application to a Judge''']. You can get one of these from a Court Registry. You can find the address and contact information for a Court Registry through Enquiry BC by calling 1-800-663-7867. You may want to have a lawyer or advocate assist you with filling out the application. | # Get and fill out an [http://www.ag.gov.bc.ca/courts/forms/pcr/pcr315.pdf '''Application to a Judge''']. You can get one of these from a Court Registry. You can find the address and contact information for a Court Registry through Enquiry BC by calling 1-800-663-7867. You may want to have a lawyer or advocate assist you with filling out the application. | ||
| Line 17: | Line 17: | ||
# Mail or fax your Application to a Judge to both the Provincial Court Registry and Crown Counsel Office. Make sure you tell them the date you want to make the application. If you have good contact information for the complainant, provide that to Crown Counsel. | # Mail or fax your Application to a Judge to both the Provincial Court Registry and Crown Counsel Office. Make sure you tell them the date you want to make the application. If you have good contact information for the complainant, provide that to Crown Counsel. | ||
==What happens next== | ===What happens next=== | ||
Crown Counsel will consider your request to change the no contact order. Almost all the time, they will ask the complainant his/her views. | Crown Counsel will consider your request to change the no contact order. Almost all the time, they will ask the complainant his/her views. | ||
| Line 27: | Line 27: | ||
If you do not like the decision of the judge about your application, you can appeal it to a higher court. Consult a lawyer if you want to appeal. | If you do not like the decision of the judge about your application, you can appeal it to a higher court. Consult a lawyer if you want to appeal. | ||
==If the no contact order was put there by a judge== | |||
===First steps=== | |||
If the Crown Counsel | If it was a judge that put the no contact order in place at a bail hearing, then the order can only be changed later by a judge of that court if the Crown Counsel agrees that the judge can listen to your application. | ||
The Crown Counsel may agree that the judge can listen to your application, but may not agree with the change you are asking for. | ===What happens next=== | ||
If the Crown Counsel does not agree that the judge can listen to your application, then you must appeal the judge’s order to a higher court. Consult a lawyer if you want to appeal. | |||
The Crown Counsel may agree that the judge can listen to your application, but may not agree with the change you are asking for. If this is the case, the judge will listen to your application, and may decide to change the conditions or leave them the same. | |||
[Note to reviewer: the process in the above 3 paragraphs seems to be the practical interpretation of s. 515.1 of the Code. Am I right?] | [Note to reviewer: the process in the above 3 paragraphs seems to be the practical interpretation of s. 515.1 of the Code. Am I right?] | ||