Acts and Regulations

P-22.1 - Provincial Offences Procedure Act

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Plea of guilty form
8(1)A person who serves a summons or an appearance notice in relation to an offence that does not, on conviction, carry a mandatory term of imprisonment shall serve, together with the summons or appearance notice, a plea of guilty form in prescribed form.
8(2)Where a plea of guilty form is served on a defendant and the defendant does not wish to dispute the charge, the defendant may sign the plea of guilty form and deliver it to the office of the court specified in the form.
8(3)The defendant may attach to the plea of guilty form a statement of the facts the defendant wishes the judge to take into consideration when imposing a sentence or calculating a surcharge under subsection 46(1).
8(4)Delivery by the defendant of the signed plea of guilty form to the office of the court specified in the form relieves the defendant of the duty to appear in court at the time and place stated in the summons or appearance notice.
8(5)Where a plea of guilty form is delivered to the office of the court, the person who receives the plea of guilty form shall, as soon as practicable but not before an information has been laid, notify the prosecutor that the plea of guilty form has been received.
8(6)Where an appearance notice has been served and a plea of guilty form has been delivered to the office of the court but, no information has been laid by the time stated in the appearance notice for the defendant to appear in court, the plea of guilty form shall be returned to the defendant together with a notice in prescribed form stating that
(a) no information has been laid in respect of the offence to which the defendant has pleaded guilty by means of the plea of guilty form, and
(b) the defendant has not been convicted of the offence in respect of which the defendant has pleaded guilty by means of the plea of guilty form.
8(7)Subsection (6) does not preclude the commencement of proceedings against the defendant in relation to the same offence, nor does it form the basis of any plea of autrefois acquit.
1990, c.18, s.3; 1991, c.29, s.2; 2019, c.4, s.1
Plea of guilty form
8(1)A person who serves a summons or an appearance notice in relation to an offence that does not, on conviction, carry a mandatory term of imprisonment shall serve, together with the summons or appearance notice, a plea of guilty form in prescribed form.
8(2)Where a plea of guilty form is served on a defendant and the defendant does not wish to dispute the charge, the defendant may sign the plea of guilty form and deliver it to the office of the court specified in the form.
8(3)The defendant may attach to the plea of guilty form a statement of the facts the defendant wishes the judge to take into consideration when imposing sentence.
8(4)Delivery by the defendant of the signed plea of guilty form to the office of the court specified in the form relieves the defendant of the duty to appear in court at the time and place stated in the summons or appearance notice.
8(5)Where a plea of guilty form is delivered to the office of the court, the person who receives the plea of guilty form shall, as soon as practicable but not before an information has been laid, notify the prosecutor that the plea of guilty form has been received.
8(6)Where an appearance notice has been served and a plea of guilty form has been delivered to the office of the court but, no information has been laid by the time stated in the appearance notice for the defendant to appear in court, the plea of guilty form shall be returned to the defendant together with a notice in prescribed form stating that
(a) no information has been laid in respect of the offence to which the defendant has pleaded guilty by means of the plea of guilty form, and
(b) the defendant has not been convicted of the offence in respect of which the defendant has pleaded guilty by means of the plea of guilty form.
8(7)Subsection (6) does not preclude the commencement of proceedings against the defendant in relation to the same offence, nor does it form the basis of any plea of autrefois acquit.
1990, c.18, s.3; 1991, c.29, s.2