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This came to the attention of the defence. the court may exclude on the basis that it was unfairly obtained. it must then assess whether justice was still achieved. Member Login — forgot password, If you are having trouble. Google Scholar Chapman, N. and McConnell, M. (2012). Dordi Getting to “Why?” in Police Misconduct Cases: The Interrogation Rights of Police Officers in Parallel Administrative and Criminal Investigations By Judge Kathleen M. Dying declaration becomes unreliable if it is not as per prosecution version.
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Mixed presumption is confined to English law. - Evidence may be given of 1. facts in issue and 2. relevant facts.(Sec.5 relevant facts) - in drawing up the evidence Act, the principle of exclusion has been followed. - The doctrine that all facts in issue are relevant to the issue, and no others may be proved, is the unexplained principle which forms the centre of and gives unity to all these express negative rules (Stephen Dig Introduction) - law of evidence of negative rules declaring what is not evidence. - The particular ways of connection which the law regards as '' relevancy'' have been describe in secs 6- 55 of the Indian Evidence Act.
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Im not a big fan of authoritarian organized religion be it Islamic or Christian. Cases are now being prosecuted that never would have been possible before the advent of DNA typing. I have found only one study that discusses the psychology of guilt and confessions in criminals generally. If you do decide to connect your cell phone to your online account, use extreme caution in providing live updates on your location or activities. • Avoid posting information about your current or future locations, or providing information a stalker may later use to hone in on your location, such as a review of a restaurant near your house. • Always use a strong, unique password for every social networking site.
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In the past 18 months alone, Federal courts have issued close to 2,600 gag orders to Microsoft, silencing them from informing their consumers about the warrants. This article applies only to a hearing or proceeding in which the court determines that a child younger than 13 years of age would be unavailable to testify in the presence of the defendant about an offense defined by any of the following sections of the Penal Code: (9) Section 22.04 (e) (Injury to a Child, Elderly Individual, or Disabled Individual); (10) Section 22.04 (f) (Injury to a Child, Elderly Individual, or Disabled Individual), if the conduct is committed intentionally or knowingly; Sec. 2. (a) The recording of an oral statement of the child made before the indictment is returned or the complaint has been filed is admissible into evidence if the court makes a determination that the factual issues of identity or actual occurrence were fully and fairly inquired into in a detached manner by a neutral individual experienced in child abuse cases that seeks to find the truth of the matter. (b) If a recording is made under Subsection (a) of this section and after an indictment is returned or a complaint has been filed, by motion of the attorney representing the state or the attorney representing the defendant and on the approval of the court, both attorneys may propound written interrogatories that shall be presented by the same neutral individual who made the initial inquiries, if possible, and recorded under the same or similar circumstances of the original recording with the time and date of the inquiry clearly indicated in the recording. (c) A recording made under Subsection (a) of this section is not admissible into evidence unless a recording made under Subsection (b) is admitted at the same time if a recording under Subsection (b) was requested prior to the time of the hearing or proceeding.
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Whether bail has been granted and if so, the conditions of bail (1) Subject to the provisions of subsection (2), the laws specified in Schedule 4 are hereby repealed to the extent set out in the third column of that Schedule. (2) Any regulation, rule, notice, approval, authority, return, certificate, document, direction or appointment made, issued, given or granted, and any other act done under any provision of any law repealed by this Act shall, subject to the provisions of subsection (3), be deemed to have been made, issued, given, granted or done under the corresponding provisions of this Act. (3) Notwithstanding the repeal of any law under subsection (1), criminal proceedings which have under such law at the date of commencement of this Act been commenced in any superior court, regional court or magistrate's court and in which evidence has at such date been led in respect of the relevant charge, shall, if such proceedings have at that date not been concluded, be continued and concluded under such law as if it had not been repealed. (1) This Act shall be called the Criminal Procedure Act, 1977, and shall come into operation on a date to be fixed by the State President by proclamation in the Gazette. (2) The State President may under subsection (1) fix different dates in respect of different provisions of this Act.
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I would be very interested in any comments, criticisms, questions, and suggestions about the site. Shoe Prints: Shoe prints are extremely useful in police investigations and they can be a very incriminating type of evidence. Moreover, the Act's dual purposes of protecting the public and ensuring treatment of the dangerous mentally ill would not be advanced by treating the unlawful revocation of parole as a jurisdictional barrier to a commitment petition. One response to this change in expectations would be to get the evidence that jurors seek.
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But most of civil law has its origin in common law, albeit modified by various statutes. The decision may be difficult to reconcile with the strict context of s.6 as the transportation of the drugs, and therefore the transaction, ended as soon as the accused was arrested and handcuffed. Finally, Agent Smith testifies that she interviewed Doe's ex-girlfriend and that the girlfriend said Doe owned a green plaid suit and a red bow tie with white polka dots. His explanation for the omission to mention this in his cautioned statement was that he wanted to consult his lawyer first as he did not want to say the “wrong things”.
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Pew Ctr. on the States, Collateral Costs: Incarceration's Effect on Economic Mobility 6 (2010), http://www.pewcenteronthestates.org/uploadedFiles/Collateral_Costs.pdf?n=8653 ("Simply stated, incarceration in America is concentrated among African American men. However, an earlier offence shall not be taken into account if 10 years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody. (6) For the purposes of subsection (5), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction. 85 (1) Every person commits an offence who uses a firearm, whether or not the person causes or means to cause bodily harm to any person as a result of using the firearm, (a) while committing an indictable offence, other than an offence under section 220 (criminal negligence causing death), 236 (manslaughter), 239 (attempted murder), 244 (discharging firearm with intent), 244.2 (discharging firearm — recklessness), 272 (sexual assault with a weapon) or 273 (aggravated sexual assault), subsection 279(1) (kidnapping) or section 279.1 (hostage taking), 344 (robbery) or 346 (extortion); (b) while attempting to commit an indictable offence; or (c) during flight after committing or attempting to commit an indictable offence. (a) while committing an indictable offence, (b) while attempting to commit an indictable offence, or (c) during flight after committing or attempting to commit an indictable offence, whether or not the person causes or means to cause bodily harm to any person as a result of using the imitation firearm. (a) in the case of a first offence, except as provided in paragraph (b), to imprisonment for a term not exceeding fourteen years and to a minimum punishment of imprisonment for a term of one year; and (b) in the case of a second or subsequent offence, to imprisonment for a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of three years. 86 (1) Every person commits an offence who, without lawful excuse, uses, carries, handles, ships, transports or stores a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any ammunition or prohibited ammunition in a careless manner or without reasonable precautions for the safety of other persons. (i) in the case of a first offence, for a term not exceeding two years, and (ii) in the case of a second or subsequent offence, for a term not exceeding five years; or (b) is guilty of an offence punishable on summary conviction. 87 (1) Every person commits an offence who, without lawful excuse, points a firearm at another person, whether the firearm is loaded or unloaded. (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or (b) is guilty of an offence punishable on summary conviction. 88 (1) Every person commits an offence who carries or possesses a weapon, an imitation of a weapon, a prohibited device or any ammunition or prohibited ammunition for a purpose dangerous to the public peace or for the purpose of committing an offence. (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or (b) is guilty of an offence punishable on summary conviction. 89 (1) Every person commits an offence who, without lawful excuse, carries a weapon, a prohibited device or any ammunition or prohibited ammunition while the person is attending or is on the way to attend a public meeting. (2) Every person who commits an offence under subsection (1) is guilty of an offence punishable on summary conviction. 90 (1) Every person commits an offence who carries a weapon, a prohibited device or any prohibited ammunition concealed, unless the person is authorized under the (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or (b) is guilty of an offence punishable on summary conviction. 91 (1) Subject to subsection (4), every person commits an offence who possesses a prohibited firearm, a restricted firearm or a non-restricted firearm without being the holder of (a) a licence under which the person may possess it; and (b) in the case of a prohibited firearm or a restricted firearm, a registration certificate for it. (2) Subject to subsection (4), every person commits an offence who possesses a prohibited weapon, a restricted weapon, a prohibited device, other than a replica firearm, or any prohibited ammunition, without being the holder of a licence under which the person may possess it. (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or (b) is guilty of an offence punishable on summary conviction. (a) a person who possesses a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition while the person is under the direct and immediate supervision of a person who may lawfully possess it, for the purpose of using it in a manner in which the supervising person may lawfully use it; or (b) a person who comes into possession of a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition by the operation of law and who, within a reasonable period after acquiring possession of it, (i) lawfully disposes of it, or (ii) obtains a licence under which the person may possess it and, in the case of a prohibited firearm or a restricted firearm, a registration certificate for it. 92 (1) Subject to subsection (4), every person commits an offence who possesses a prohibited firearm, a restricted firearm or a non-restricted firearm knowing that the person is not the holder of (a) a licence under which the person may possess it; and (b) in the case of a prohibited firearm or a restricted firearm, a registration certificate for it. (2) Subject to subsection (4), every person commits an offence who possesses a prohibited weapon, a restricted weapon, a prohibited device, other than a replica firearm, or any prohibited ammunition knowing that the person is not the holder of a licence under which the person may possess it. (a) in the case of a first offence, to imprisonment for a term not exceeding ten years; (b) in the case of a second offence, to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of one year; and (c) in the case of a third or subsequent offence, to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of two years less a day. (a) a person who possesses a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition while the person is under the direct and immediate supervision of a person who may lawfully possess it, for the purpose of using it in a manner in which the supervising person may lawfully use it; or (b) a person who comes into possession of a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition by the operation of law and who, within a reasonable period after acquiring possession of it, (i) lawfully disposes of it, or (ii) obtains a licence under which the person may possess it and, in the case of a prohibited firearm or a restricted firearm, a registration certificate for it. 93 (1) Subject to subsection (3), every person commits an offence who, being the holder of an authorization or a licence under which the person may possess a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device or prohibited ammunition, possesses them at a place that is (a) indicated on the authorization or licence as being a place where the person may not possess it; (b) other than a place indicated on the authorization or licence as being a place where the person may possess it; or (3) Subsection (1) does not apply to a person who possesses a replica firearm. 94 (1) Subject to subsections (3) and (4), every person commits an offence who is an occupant of a motor vehicle in which the person knows there is a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device, other than a replica firearm, or any prohibited ammunition, unless (a) in the case of a prohibited firearm, a restricted firearm or a non-restricted firearm, (A) a licence under which the person or other occupant may possess the firearm, and (B) in the case of a prohibited firearm or a restricted firearm, an authorization and a registration certificate for it, (A) a licence under which that other occupant may possess the firearm, and (B) in the case of a prohibited firearm or a restricted firearm, an authorization and a registration certificate for it, or (iii) the person had reasonable grounds to believe that any other occupant of the motor vehicle was a person who could not be convicted of an offence under this Act by reason of sections 117.07 to 117.1 or any other Act of Parliament; and (b) in the case of a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition, (i) the person or any other occupant of the motor vehicle is the holder of an authorization or a licence under which the person or other occupant may transport the prohibited weapon, restricted weapon, prohibited device or prohibited ammunition, or (A) the holder of an authorization or a licence under which the other occupant may transport the prohibited weapon, restricted weapon, prohibited device or prohibited ammunition, or (B) a person who could not be convicted of an offence under this Act by reason of sections 117.07 to 117.1 or any other Act of Parliament. (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or (b) is guilty of an offence punishable on summary conviction. (3) Subsection (1) does not apply to an occupant of a motor vehicle who, on becoming aware of the presence of the firearm, weapon, device or ammunition in the motor vehicle, attempted to leave the motor vehicle, to the extent that it was feasible to do so, or actually left the motor vehicle. (4) Subsection (1) does not apply to an occupant of a motor vehicle when the occupant or any other occupant of the motor vehicle is a person who came into possession of the firearm, weapon, device or ammunition by the operation of law. 95 (1) Subject to subsection (3), every person commits an offence who, in any place, possesses a loaded prohibited firearm or restricted firearm, or an unloaded prohibited firearm or restricted firearm together with readily accessible ammunition that is capable of being discharged in the firearm, without being the holder of (a) an authorization or a licence under which the person may possess the firearm in that place; and (b) the registration certificate for the firearm. (i) in the case of a first offence, three years, and (ii) in the case of a second or subsequent offence, five years; or (b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding one year. (3) Subsection (1) does not apply to a person who is using the firearm under the direct and immediate supervision of another person who is lawfully entitled to possess it and is using the firearm in a manner in which that other person may lawfully use it. 96 (1) Subject to subsection (3), every person commits an offence who possesses a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition that the person knows was obtained by the commission in Canada of an offence or by an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence. (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of one year; or (b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding one year. (3) Subsection (1) does not apply to a person who comes into possession of anything referred to in that subsection by the operation of law and who lawfully disposes of it within a reasonable period after acquiring possession of it. 97 [Repealed before coming into force, 2008, c. 20, s. 3] (a) breaks and enters a place with intent to steal a firearm located in it; (b) breaks and enters a place and steals a firearm located in it; or (i) stealing a firearm located in it, or (ii) entering the place with intent to steal a firearm located in it. means any building or structure — or part of one — and any motor vehicle, vessel, aircraft, railway vehicle, container or trailer. (3) For the purposes of this section, (a) a person enters as soon as any part of his or her body or any part of an instrument that he or she uses is within any thing that is being entered; and (i) obtained entrance by a threat or an artifice or by collusion with a person within, or (ii) entered without lawful justification or excuse by a permanent or temporary opening. (4) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for life. 98.1 Every person who commits a robbery within the meaning of section 343 with intent to steal a firearm or in the course of which he or she steals a firearm commits an indictable offence and is liable to imprisonment for life. or any other Act of Parliament or any regulations made under any Act of Parliament. (2) Every person who commits an offence under subsection (1) when the object in question is a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited device, any ammunition or any prohibited ammunition is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years and to a minimum punishment of imprisonment for a term of (a) in the case of a first offence, three years; and (b) in the case of a second or subsequent offence, five years. (3) In any other case, a person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years and to a minimum punishment of imprisonment for a term of one year. 100 (1) Every person commits an offence who possesses a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition or any prohibited ammunition for the purpose of (a) transferring it, whether or not for consideration, or (b) offering to transfer it, or any other Act of Parliament or any regulations made under any Act of Parliament. (2) Every person who commits an offence under subsection (1) when the object in question is a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited device, any ammunition or any prohibited ammunition is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years and to a minimum punishment of imprisonment for a term of (a) in the case of a first offence, three years; and (b) in the case of a second or subsequent offence, five years. (3) In any other case, a person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years and to a minimum punishment of imprisonment for a term of one year. 101 (1) Every person commits an offence who transfers a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition or any prohibited ammunition to any person otherwise than under the authority of the or any other Act of Parliament or any regulations made under an Act of Parliament. (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or (b) is guilty of an offence punishable on summary conviction. 102 (1) Every person commits an offence who, without lawful excuse, alters a firearm so that it is capable of, or manufactures or assembles any firearm that is capable of, discharging projectiles in rapid succession during one pressure of the trigger. (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of one year; or (b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding one year. (a) a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition, or (b) any component or part designed exclusively for use in the manufacture of or assembly into an automatic firearm, or any other Act of Parliament or any regulations made under an Act of Parliament. (2) Every person who commits an offence under subsection (1) when the object in question is a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited device or any prohibited ammunition is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years and to a minimum punishment of imprisonment for a term of (a) in the case of a first offence, three years; and (b) in the case of a second or subsequent offence, five years. (2.1) In any other case, a person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years and to a minimum punishment of imprisonment for a term of one year. (3) Any proceedings in respect of an offence under subsection (1) may be commenced at the instance of the Government of Canada and conducted by or on behalf of that government. (a) a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition, or (b) any component or part designed exclusively for use in the manufacture of or assembly into an automatic firearm, or any other Act of Parliament or any regulations made under an Act of Parliament. (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or (b) is guilty of an offence punishable on summary conviction. (3) Any proceedings in respect of an offence under subsection (1) may be commenced at the instance of the Government of Canada and conducted by or on behalf of that government. (a) having lost a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device, any prohibited ammunition, an authorization, a licence or a registration certificate, or having had it stolen from the person’s possession, does not with reasonable despatch report the loss to a peace officer, to a firearms officer or a chief firearms officer; or (b) on finding a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition that the person has reasonable grounds to believe has been lost or abandoned, does not with reasonable despatch deliver it to a peace officer, a firearms officer or a chief firearms officer or report the finding to a peace officer, a firearms officer or a chief firearms officer. (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or (b) is guilty of an offence punishable on summary conviction. (a) after destroying any prohibited firearm, restricted firearm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition, or (b) on becoming aware of the destruction of any prohibited firearm, restricted firearm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition that was in the person’s possession before its destruction, does not with reasonable despatch report the destruction to a peace officer, firearms officer or chief firearms officer. (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or (b) is guilty of an offence punishable on summary conviction. 107 (1) Every person commits an offence who knowingly makes, before a peace officer, firearms officer or chief firearms officer, a false report or statement concerning the loss, theft or destruction of a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device, any prohibited ammunition, an authorization, a licence or a registration certificate. (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or (b) is guilty of an offence punishable on summary conviction. means an assertion of fact, opinion, belief or knowledge, whether material or not and whether admissible or not. 108 (1) Every person commits an offence who, without lawful excuse, the proof of which lies on the person, (a) alters, defaces or removes a serial number on a firearm; or (b) possesses a firearm knowing that the serial number on it has been altered, defaced or removed. (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or (b) is guilty of an offence punishable on summary conviction. (3) No person is guilty of an offence under paragraph (1)(b) by reason only of possessing a prohibited firearm or restricted firearm the serial number on which has been altered, defaced or removed, if that serial number has been replaced and a registration certificate in respect of the firearm has been issued setting out a new serial number for the firearm. (4) In proceedings for an offence under subsection (1), evidence that a person possesses a firearm the serial number on which has been wholly or partially obliterated otherwise than through normal use over time is, in the absence of evidence to the contrary, proof that the person possesses the firearm knowing that the serial number on it has been altered, defaced or removed. 109 (1) Where a person is convicted, or discharged under section 730, of (a) an indictable offence in the commission of which violence against a person was used, threatened or attempted and for which the person may be sentenced to imprisonment for ten years or more, ( a.1 ) an indictable offence in the commission of which violence was used, threatened or attempted against (i) the person’s current or former intimate partner, 110 (1) Where a person is convicted, or discharged under section 730, of (a) an offence, other than an offence referred to in any of paragraphs 109(1) (a) to (c), in the commission of which violence against a person was used, threatened or attempted, or (b) an offence that involves, or the subject-matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, ammunition, prohibited ammunition or an explosive substance and, at the time of the offence, the person was not prohibited by any order made under this Act or any other Act of Parliament from possessing any such thing, the court that sentences the person or directs that the person be discharged, as the case may be, shall, in addition to any other punishment that may be imposed for that offence or any other condition prescribed in the order of discharge, consider whether it is desirable, in the interests of the safety of the person or of any other person, to make an order prohibiting the person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things, and where the court decides that it is so desirable, the court shall so order. (2) An order made under subsection (1) against a person begins on the day on which the order is made and ends not later than ten years after the person’s release from imprisonment after conviction for the offence to which the order relates or, if the person is not then imprisoned or subject to imprisonment, after the person’s conviction for or discharge from the offence. (2.1) Despite subsection (2), an order made under subsection (1) may be imposed for life or for any shorter duration if, in the commission of the offence, violence was used, threatened or attempted against (a) the person’s current or former intimate partner; (3) Where the court does not make an order under subsection (1), or where the court does make such an order but does not prohibit the possession of everything referred to in that subsection, the court shall include in the record a statement of the court’s reasons for not doing so. includes a spouse, a common-law partner and a dating partner. 111 (1) A peace officer, firearms officer or chief firearms officer may apply to a provincial court judge for an order prohibiting a person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things, where the peace officer, firearms officer or chief firearms officer believes on reasonable grounds that it is not desirable in the interests of the safety of the person against whom the order is sought or of any other person that the person against whom the order is sought should possess any such thing. (2) On receipt of an application made under subsection (1), the provincial court judge shall fix a date for the hearing of the application and direct that notice of the hearing be given, in such manner as the provincial court judge may specify, to the person against whom the order is sought. (3) Subject to subsection (4), at the hearing of an application made under subsection (1), the provincial court judge shall hear all relevant evidence presented by or on behalf of the applicant and the person against whom the order is sought. (4) A provincial court judge may proceed ex parte to hear and determine an application made under subsection (1) in the absence of the person against whom the order is sought in the same circumstances as those in which a summary conviction court may, under Part XXVII, proceed with a trial in the absence of the defendant. (5) Where, at the conclusion of a hearing of an application made under subsection (1), the provincial court judge is satisfied that the circumstances referred to in that subsection exist, the provincial court judge shall make an order prohibiting the person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things, for such period, not exceeding five years, as is specified in the order, beginning on the day on which the order is made. (6) Where a provincial court judge does not make an order under subsection (1), or where a provincial court judge does make such an order but does not prohibit the possession of everything referred to in that subsection, the provincial court judge shall include in the record a statement of the court’s reasons. means a provincial court judge having jurisdiction in the territorial division where the person against whom the application for an order was brought resides.
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Compared to other types of testimony on which prosecutors commonly rely (for example, eyewitness identification, confessions, and police informants), scientific evidence has the potential to be far more neutral and reliable. The empirical estimates suggest that the deterrent effect of capital punishment is driven primarily by executions conducted by electrocution. Rptr. 633, 472 P.2d 921].) As said in People v.
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State, 818 So. 2d 432, 446-47 (Fla. 2002); Caton v. The court held that an extension is void when no one advised an NGRI defendant of the possibility for indefinite commitment. A probation order can last for up to three years. if there is no minimum punishment for the offence, suspend (put off) sentencing you and instead put you on probation. Ghandi said: "An unjust law is itself a species of violence. The need to give a direction and the nature of any direction given differs with recognition evidence.
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