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C-25.1 - Code of Penal Procedure

Section 146
Disposition versions

Full text
146. A statement of offence is deemed to have been made under oath and shall contain the following particulars:
(1)  the name and address of the prosecutor;
(2)  the name and address of the defendant or, in the case of a parking violation, the description and registration of the vehicle;
(3)  the judicial district where the proceedings are instituted;
(4)  the date of service of the statement if it is delivered at the time of the commission of the offence; if it is delivered after the commission of the offence, the date may be added on the statement by the peace officer, the bailiff or the person who has effected the service; if service is made by mail, the statement shall refer to the document which indicates the date; if the statement is drawn up electronically or digitized, the date of service shall also be indicated in a document electronically appended to the document;
(4.1)  the date of interruption of prescription if it is different from the date of service of the statement;
(5)  the description of the offence;
(6)  the obligation of the defendant to enter a plea of not guilty or of guilty;
(7)  the defendant’s right to make a preliminary application;
(8)  the minimum statutory sentence for a first offence under the legislative provision infringed by the defendant;
(9)  an indication of where to send the plea and, where such is the case, the amount of the fine, the costs and the contribution provided for in article 8.1, and the time limit for doing so.
In addition to the particulars set out in the first paragraph, if a statement of offence is served in accordance with article 157.2 and all the conditions set out in subparagraphs 1, 2 and 4 of the second paragraph of article 163 are met, the statement of offence must include a warning to the defendant. The warning shall indicate that if the defendant fails to enter a plea or to pay the whole or any part of the fine and costs requested, within 30 days of service of the statement, the defendant will be deemed not to contest the proceedings and may be convicted of the alleged offence in absence and without having an opportunity to be heard.
1987, c. 96, a. 146; 1992, c. 61, s. 8; 1995, c. 51, s. 19; 2002, c. 78, s. 2; 2005, c. 27, s. 4; 2015, c. 26, s. 9; 2024, c. 10, s. 26.
146. A statement of offence is deemed to have been made under oath and shall contain the following particulars:
(1)  the name and address of the prosecutor;
(2)  the name and address of the defendant or, in the case of a parking violation, the description and registration of the vehicle;
(3)  the judicial district where the proceedings are instituted;
(4)  the date of service of the statement if it is delivered at the time of the commission of the offence; if it is delivered after the commission of the offence, the date may be added on the statement by the peace officer, the bailiff or the person who has effected the service; if service is made by mail, the statement shall refer to the document which indicates the date; if the statement is drawn up electronically or digitized, the date of service shall also be indicated in a document electronically appended to the document;
(4.1)  the date of interruption of prescription if it is different from the date of service of the statement;
(5)  the description of the offence;
(6)  the obligation of the defendant to enter a plea of not guilty or of guilty;
(7)  the defendant’s right to make a preliminary application;
(8)  the minimum statutory sentence for a first offence under the legislative provision infringed by the defendant;
(9)  an indication of where to send the plea and, where such is the case, the amount of the fine, the costs and the contribution provided for in article 8.1, and the time limit for doing so.
In addition to the particulars set out in the first paragraph, if a statement of offence is served in accordance with article 157.2 and all the conditions set out in subparagraphs 1, 2 and 4 of the second paragraph of article 163 are met, the statement of offence must include a warning to the defendant. The warning shall indicate that if the defendant fails to enter a plea or to pay the whole or any part of the fine and costs requested, within 30 days of service of the statement or, if applicable, to send a declaration referred to in section 592.1 or 592.1.1 of the Highway Safety Code (chapter C-24.2) within the time prescribed by section 592.1 of that Code, the defendant will be deemed not to contest the proceedings and may be convicted of the alleged offence in absence and without having an opportunity to be heard.
1987, c. 96, a. 146; 1992, c. 61, s. 8; 1995, c. 51, s. 19; 2002, c. 78, s. 2; 2005, c. 27, s. 4; 2015, c. 26, s. 9.
146. A statement of offence is deemed to have been made under oath and shall contain the following particulars:
(1)  the name and address of the prosecutor;
(2)  the name and address of the defendant or, in the case of a parking violation, the description and registration of the vehicle;
(3)  the judicial district where the proceedings are instituted;
(4)  the date of service of the statement if it is delivered at the time of the commission of the offence; if it is delivered after the commission of the offence, the date may be added on the statement by the peace officer, the bailiff or the person who has effected the service; if service is made by mail, the statement shall refer to the document which indicates the date; if the statement is drawn up electronically or digitized, the date of service shall also be indicated in a document electronically appended to the document;
(4.1)  the date of interruption of prescription if it is different from the date of service of the statement;
(5)  the description of the offence;
(6)  the obligation of the defendant to enter a plea of not guilty or of guilty;
(7)  the defendant’s right to make a preliminary application;
(8)  the minimum statutory sentence for a first offence under the legislative provision infringed by the defendant;
(9)  an indication of where to send the plea and, where such is the case, the amount of the fine, the costs and the contribution provided for in article 8.1, and the time limit for doing so.
In addition to the particulars set out in the first paragraph, in the case of an offence coming under Division II of Chapter VI and witnessed personally by a peace officer or a person entrusted with the enforcement of an Act, the statement of offence must include a warning to the defendant. The warning shall indicate that if the defendant fails to enter a plea or to pay the whole or any part of the fine and costs requested, within 30 days of service of the statement, the defendant will be deemed not to contest the proceedings and may be convicted of the alleged offence in absence and without having an opportunity to be heard.
1987, c. 96, a. 146; 1992, c. 61, s. 8; 1995, c. 51, s. 19; 2002, c. 78, s. 2; 2005, c. 27, s. 4.
146. A statement of offence is deemed to have been made under oath and shall contain the following particulars:
(1)  the name and address of the prosecutor;
(2)  the name and address of the defendant or, in the case of a parking violation, the description and registration of the vehicle;
(3)  the judicial district where the proceedings are instituted;
(4)  the date of service of the statement if it is delivered at the time of the commission of the offence; if it is delivered after the commission of the offence, the date may be added on the statement by the peace officer, the bailiff or the person who has effected the service; if service is made by mail, the statement shall refer to the document which indicates the date; if the statement is drawn up electronically or digitized, the date of service shall also be indicated in a document electronically appended to the document;
(4.1)  the date of interruption of prescription if it is different from the date of service of the statement;
(5)  the description of the offence;
(6)  the obligation of the defendant to enter a plea of not guilty or of guilty;
(7)  the defendant’s right to make a preliminary application;
(8)  the minimum statutory sentence for a first offence under the legislative provision infringed by the defendant;
(9)  an indication of where to send the plea and, where such is the case, the amount of the fine, the costs and the contribution provided for in article 8.1, and the time limit for doing so.
1987, c. 96, a. 146; 1992, c. 61, s. 8; 1995, c. 51, s. 19; 2002, c. 78, s. 2.
146. A statement of offence is deemed to have been made under oath and shall contain the following particulars:
(1)  the name and address of the prosecutor;
(2)  the name and address of the defendant or, in the case of a parking violation, the description and registration of the vehicle;
(3)  the judicial district where the proceedings are instituted;
(4)  the date of service of the statement if it is delivered at the time of the commission of the offence; if it is delivered after the commission of the offence, the date may be added on the statement by the peace officer, the bailiff or the person who has effected the service; if service is made by mail, the statement shall refer to the document which indicates the date; if the statement is drawn up electronically or digitized, the date of service shall also be indicated in a document electronically appended to the document;
(4.1)  the date of interruption of prescription if it is different from the date of service of the statement;
(5)  the description of the offence;
(6)  the obligation of the defendant to enter a plea of not guilty or of guilty;
(7)  the defendant’s right to make a preliminary application;
(8)  the minimum statutory sentence for a first offence under the legislative provision infringed by the defendant;
(9)  an indication of where to send the plea and, where such is the case, the amount of the fine and costs, and the time limit for doing so.
1987, c. 96, a. 146; 1992, c. 61, s. 8; 1995, c. 51, s. 19.
146. A statement of offence is deemed to have been made under oath and shall contain the following particulars:
(1)  the name and address of the prosecutor;
(2)  the name and address of the defendant or, in the case of an offence served pursuant to article 158, the description and registration of the vehicle;
(3)  the judicial district where the proceedings are instituted;
(4)  the date of service of the statement if it is delivered at the time of the commission of the offence; if it is delivered after the commission of the offence, the date may be added on the statement by the peace officer, the bailiff or the person who has effected the service; if service is made by mail, the statement shall refer to the document which indicates the date;
(4.1)  the date of interruption of prescription if it is different from the date of service of the statement;
(5)  the description of the offence;
(6)  the obligation of the defendant to enter a plea of not guilty or of guilty;
(7)  the defendant’s right to make a preliminary application;
(8)  the minimum statutory sentence for a first offence under the legislative provision infringed by the defendant;
(9)  an indication of where to send the plea and, where such is the case, the amount of the fine and costs, and the time limit for doing so.
1987, c. 96, a. 146; 1992, c. 61, s. 8.
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