Forfeiture of Property (Precedent): Difference between revisions
m Admin moved page Templates and Precedents (Forfeiture and Estreatment) to Precedent - Forfeiture and Estreatment |
No edit summary |
||
Line 3: | Line 3: | ||
{{seealso|Forfeiture Orders}} | {{seealso|Forfeiture Orders}} | ||
==Forfeiture (Generic)== | |||
{|class="wikitable" style="width: 650px; background-color:white; text-align: left;" | {|class="wikitable" style="width: 650px; background-color:white; text-align: left;" | ||
! NOTICE OF APPLICATION | ! NOTICE OF APPLICATION | ||
Line 22: | Line 24: | ||
|} | |} | ||
===Forfeiture Under 164.2=== | |||
{|class="wikitable" style="width: 650px; background-color:white; text-align: left;" | |||
! Order | |||
|- | |||
| style="width: 50%; vertical-align: top;" | | |||
'''IN THE MATTER OF''' an Application by the Attorney General of [province] for an Order pursuant to section 164.2 of the ''Criminal Code'', ordering that property seized by [police force] from [location or person] on [date] at [address] be forfeited to {{HMTQ}} in Right of [province] | |||
{{Style of Cause}} | |||
{{TITLE|ORDER|Forfeiture Under s. 164.2}} | |||
'''BEFORE THE HONOURABLE''' Judge [name of judge] at [city], [province]. | |||
'''WHEREAS''' the accused, [accused name], has been charged that on or about [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code; | |||
'''AND WHEREAS''' the accused, [accused name], has pleaded or been found guilty of one or more charges that include offences contrary to section(s) [list sections that are eligible under s. 164.2] of the ''Criminal Code''; | |||
'''AND WHEREAS''' the following items ("the Property") were seized by [police force] from [location or person] on [date] at [address]: | |||
:1. [list items of property] | |||
:2. ... | |||
'''UPON''' the Application of Crown counsel for an order pursuant to section 164.2 of the ''Criminal Code''; | |||
'''AND UPON''' hearing submissions from Crown counsel and counsel for [accused]; | |||
'''AND UPON BEING SATISFIED THAT''' there are no other persons who are lawfully entitled to the Property; | |||
'''IT IS HEREBY ORDERED THAT''' the said Property is hereby forfeited to {{HMTQ}} in Right of [Province] pursuant to section 164.2 of the ''Criminal Code'' to be disposed of as the Attorney General of [province] directs or otherwise dealt with in accordance with the law. | |||
{{DATED}} | |||
<span style="display:inline-block; width: 300px;"></span>_____________________________<br> | |||
<span style="display:inline-block; width: 300px;"></span>[name of title and judge]<br> | |||
{{CarbonCopy}} | |||
{{InternalCode}} | |||
|} | |||
==Estreatment== | ==Estreatment== |
Revision as of 08:01, 18 March 2020
Forfeiture
Forfeiture (Generic)
NOTICE OF APPLICATION |
---|
C A N A D A File# ________________ IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: – and –
FORFEITURE ORDER |
Affidavit |
Order |
Forfeiture Under 164.2
Order |
---|
IN THE MATTER OF an Application by the Attorney General of [province] for an Order pursuant to section 164.2 of the Criminal Code, ordering that property seized by [police force] from [location or person] on [date] at [address] be forfeited to Her Majesty the Queen in Right of [province]
C A N A D A File# ________________ IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: – and –
ORDER BEFORE THE HONOURABLE Judge [name of judge] at [city], [province]. WHEREAS the accused, [accused name], has been charged that on or about [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code; AND WHEREAS the accused, [accused name], has pleaded or been found guilty of one or more charges that include offences contrary to section(s) [list sections that are eligible under s. 164.2] of the Criminal Code; AND WHEREAS the following items ("the Property") were seized by [police force] from [location or person] on [date] at [address]:
UPON the Application of Crown counsel for an order pursuant to section 164.2 of the Criminal Code; AND UPON hearing submissions from Crown counsel and counsel for [accused]; AND UPON BEING SATISFIED THAT there are no other persons who are lawfully entitled to the Property; IT IS HEREBY ORDERED THAT the said Property is hereby forfeited to Her Majesty the Queen in Right of [Province] pursuant to section 164.2 of the Criminal Code to be disposed of as the Attorney General of [province] directs or otherwise dealt with in accordance with the law. DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___. _____________________________ [Internal File Coding] |