September 21, 2012 - Bylaw T-4 Section 16, Notes read to Justice Mary Jane Richards
Provincial Offences Procedure Act, SNB 1987, c P-22.1 http://canlii.ca/t/51vgm
11(1)A ticket shall be served by delivering it to the defendant personally.
11(2)The person who serves the ticket shall ask the defendant to sign a notice of prosecution corresponding to the ticket but, if the defendant fails or refuses to sign, the person serving the ticket shall so certify on the notice of prosecution and the lack of the defendant's signature shall not invalidate the notice of prosecution nor form the basis of an objection to it, to the ticket or to service of the ticket.
11(3)A notice of prosecution shall be in prescribed form and shall
(a)name the defendant, and
(b)so far as concerns the matters set out in paragraphs 10(1)(b) and (c), be in a form substantially similar to that prescribed for a ticket.
1991, c.29, s.4.
12(1)Unless payment of a fixed penalty is made in accordance with section 14 within the time stated in the ticket, the notice of prosecution shall be filed with a judge no later than the date stated in the ticket for the defendant's appearance.
12(2)Proceedings in respect of the offence charged in the ticket commence when the notice of prosecution is filed with the judge.
106(5)No curing of a defect under subsection (4) shall be permitted if
(a)the defect was such as to mislead the defendant,
(b)substantial injustice would be caused to the defendant by curing the defect, and
(c)the injustice that would be caused to the defendant by curing the defect cannot be overcome by the granting of an adjournment.
Provincial Court of N.B. File Number 9381805 THE CITY OF FREDERICTON v. Andre Murray
Read my Court files at: