The Provincial Court... Of New Brunswick: Appearing in Court over a bi-law matter

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Appearing in Court over a bi-law matter

First appearance

On a first appearance you make a Special Appearance to challenge the jurisdiction of the Court, to find out more on this subject follow this link:

If you choose not to make a special appearance then the following applies:

You will be asked to identify yourself for the record.

Then the charges against you will be read.

You will then be asked to plead.

You may plead guilty, not guilty or say nothing.

If you do not answer the Curt will enter a not guilty plea on your behalf.

Trial

Second Appearance

You will be asked to identify yourself for the record.

Witnesses

The Prosecutor will call any witness they have, likely the Police officer or by-lay enforcement Officer who wrote the ticket.

When the Witness takes the stand they will be sworn in, meaning they took an oath to tell the truth, which makes they liable for perjury if they lie under oath.

You make also take the stand to witness in your own defense, the procedure will be the same, except you will not question yourself, only give testimony of the events surrounding the alleged offense.

The Persecutor will ask a string of questions. When finished you will be able to question the witness.

You will have an opportunity to cross examine the witness and ask what ever questions you believe are relevant to your defence or to remove the credibility of that witness. When you have not further questions the Prosecutor may redirect some final questions.

Argument

The prosecutor will make a presentation of the evidence they have against the caused and argue why the condition by which the city is entitled to charge the accused with infraction exists and that the accused is guilty of the offence.

You will have the opportunity to bring argument of how the bylaw infraction does not apply to you, or your are innocent of the claims against you and or how incredible the witness against you was.

Judgement

The Court will render judgement based on the evidence presented, credibility of the witnesses and the argument forwarded, as well as any other relevant factors.

You make have an opportunity to say a few words before the Court renders judgement, this is your chance to say something onto the record, which may change the judges mind or cause him to modify the judgement.

The Court will render a decision and or Orders at this time.

Appealing / Judicial review

If you are unsatisfied with the results of the hearing you may file a Application for Judicial review under Rule 69 of the Rules of Court to have the judges decision reviewed.