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The Summary Convictions Amendment Act

S.M. 1989-90, c. 31

Bill 66, 2nd Session, 34th Legislature

The Summary Convictions Amendment Act

(Assented to March 8, 1990)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. S230 amended

1           The Summary Convictions Act is amended by this Act.

Section 7 rep. and sub.

2           Section 7 is repealed and the following is substituted:

Reduction of penalties

7(1)        Notwithstanding any provision of this or any other Act of the Legislature respecting penalties, if a justice is satisfied from the evidence at a trial, or from information received after a plea of guilty, that an offence with which an accused is charged occurred through accident or under circumstances not wholly attributable to the fault of the accused, the justice may

(a) where a minimum fine is prescribed, impose a fine that is less than the minimum;

(b) reprimand the accused;

(c) suspend the sentence;

(d) grant a conditional or absolute discharge.

Reasons to be noted

7(2)        Where a disposition is made under subsection (1), and the proceedings are not recorded by a person authorized to record or transcribe evidence and proceedings in writing or by a device authorized under section 27 of The Manitoba Evidence Act, the justice shall record the reasons for the disposition on the information or offence notice, or on a page that shall then be attached to the information or offence notice, and signed by the justice.

Section 20.1 added

3           The following heading and section are added after section 20:

NEW HEARING

Exceptional circumstances

20.1(1)     After the time for requesting a new hearing under subsections 17(7), 19(2) and 20(3) expires, a justice who is satisfied on application that exceptional circumstances exist may, at any time, order a new hearing.

Reasons to be recorded

20.1(2)     A justice who makes an order under subsection (1) shall record the reasons for making it on a page that shall be signed by the justice and attached to the information or offence notice.

Coming into force

4           This Act comes into force on royal assent.