Professional Documents
Culture Documents
Penal Codes
Penal Codes
Penal Codes
Penal Codes
Criminal Procedure
➢ Sentencing
➢ Definitions
➢ Guidelines
Criminal Offences
➢ Offences against Person
➢ Offences involving Theft
➢ Offences Involving Damage to Property
➢ Offences against Public Administration
➢ Offences Against Public Order
➢ Offences Against Public Health and Morals
➢ Offences Against Public Safety
➢ Offences involving operation of a Vehicle
Criminal Procedures
Sentencing
➢ P.C. 1101 Infractions Only Fine
➢ P.C. 1102 Misdemeanour 10 or less months
➢ P.C. 1103 Felony More than 10 months
➢ P.C. 1104 Fine/Time Limits Non – Aggravated: 15 Months/ 5000$
Fine
Definitions
Guidelines
➢ P.C. 1301 Aiding and Abetting All persons that help in commission of
a crime are guilty of such crime.
Charged for the full time of crime
aided.
➢ P.C. 1302 Attempt All persons that attempt a crime are
guilty of such crime.
➢ P.C. 1303 Conspiracy Felony ▪ Agreement with one or more
people to commit a crime, and
one of them commits an overt
act in furtherance of that
agreement.
▪ Charge with full time of felony
that would have been
committed.
▪ If murder, charge for first
degree as conspiring murder
shows intent to kill another
person and a mental state
equivalent to deliberation and
premeditation.
➢ P.C. 1304 Built-Up Areas 50 mph / 80 kmph
➢ P.C. 1305 Highways 80 mph / 130 kmph
➢ P.C. 1306 RICO Act The ability to extend criminal
penalties and civil cause of action for
acts performed as part of an ongoing
criminal organisation. This allows the
leaders of syndicates or corrupt
organizations to be charged for crimes
they have ordered others to commit
or assisted in completing.
I.E. Leader instructs follower to
commit murder. Both parties can be
charges with first degree murder if it is
proven that the perpetrator was
instructed to do so.
➢ P.C. 1307 Court Only charges in BOLD with the P.C.
CODE HIGHLIGHTED can be brought to
court. The time limit is 2 years for
court; Preliminary Holding for “List
Charges Here”. I.E. Preliminary
hearing for 1st Degree
Murder/Aggravated Assault/
Prostitution.
➢ P.C. 1308 Time Served Time served is given only for time
spent waiting for a lawyer and does
not include processing unless the
officers are wilfully negligent in
protocol.
➢ P.C. 1309 Maximum Maximum punishments should only
Punishments be charged if the crime is deserving.
The punishment should be equal to
the level at which an individual
committed the offence.
Think of it in terms of the percentage
of which you believe the individual
committed the crime in relation to the
worst possible violation of the crime.
➢ P.C. 1310 Bench Trial Any individual is allowed to request a
bench trial – however they must serve
their minimum time requirement
while awaiting a bench trial. A request
for a bench trial must be filed in the
court system.
➢ P.C. 1311 Summary For times exceeding those listed in
Judgements P.C. 1104; A Senior Trooper or above –
or any members of the DOA’s office
may ask for a summary of the
judgement if there is an active judge.
The defendant must have a lawyer or
agree to self-represent. This allows a
judge to sentence up to 75 months. In
addition, for a summary judgement to
be requested, charges must be
collected from a minimum of three
separate incidents or meet the
conditions for P.C. 1314
➢ P.C. 1312 Public Safety Statute Any crimes committed toward, around
or inside (Physically) a hospital,
courthouse or police station are
subject to 1.5 times the fine/time.
➢ P.C. 1313 Protected Persons Malicious crimes with pre-meditation
committed against PSOs, EMS,
Doctors, DOJ Employees, Elected
Public Officials are subject to double
fine/time if the crimes committed are
due to individual’s profession and are
outside of the expected risk of their
jobs.
➢ P.C. 1314 Heinous Clause Extension of jail time for person(s)
who commit serial, violent crimes that
are extreme in nature.
This can extend any jail time from P.C.
1307 to 7 years. In addition, serial
assaulters whose crimes are deemed
as heinous as per this clause can
extend the summary judgement jail
time to 9999 months.
Criminal Offences