What is an undertaking criminal code?

An Undertaking is a document created by either a court or the police that places the person being charged with an offence under certain conditions. Common conditions include abstaining from consuming or possessing drugs or alcohol, or promising to stay away from certain people or places.

Can anyone lay an information?

The police will always lay charges when they believe a crime has been committed. However, if an offence has been committed and the police will not lay a charge, any member of the public can take steps to have a charge laid by meeting with a justice of the peace and swearing what is called an information.

What is Section 210 of the Criminal Code?

210 (1) Every one who keeps a common bawdy-house is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

What is Section 430 of the Criminal Code?

430(1) Every one commits mischief who wilfully (a) destroys or damages property; (b) renders property dangerous, useless, inoperative or ineffective; (c) obstructs, interrupts or interferes with the lawful use, enjoyment or operation of property; or (d) obstructs, interrupts or interferes with any person in the lawful …

What happens if you break an undertaking?

To ensure that the person giving the undertaking is aware of the consequences of breaking that promise, the form of an undertaking to do or abstain from doing any act must be endorsed with the following: ´You may be sent to prison for contempt of court if you break the promises that you have given to the court´.

How long is an undertaking valid for?

2 years
An Undertaking will usually be in place for a period of 2 years; however the length of the Undertaking may be negotiated by the parties. What protection will an Undertaking offer? An Undertaking is a promise to the Court, not a Court Order.

What are 553 Offences?

553, the Provincial Court has jurisdiction that is “absolute and does not depend on the consent of the accused where the accused is charged in an information” with several classes of offences. These are classified as “absolute jurisdiction” offences. Section 553 states: Absolute jurisdiction.

What is a promise to appear?

A promise to appear tells you when to come to court and what you’ve been charged with. If you’re given a promise to appear, the police will not hold you in custody for a bail hearing .

What is a common bawdy house?

A common bawdy house is a house, room, set of rooms or place of any kind kept for purposes of prostitution or for the practice of acts of indecency, or occupied or resorted to by one or more persons for such purposes.

Is property damage a criminal offence?

Since Destroying or Damaging Property is a criminal offence, the burden of proof lies on the Prosecution. You destroyed or damaged property; The property belonged to another person, or the accused and another person; The destruction or damage was done maliciously, with intent or recklessness.

Is damaging someone’s car a criminal offence?

Many acts of vandalism are misdemeanors, meaning the maximum penalties include fines and up to a year in the local jail. However, vandalism that results in serious damage to valuable property is a felony. For example, some states set a $500 limit to misdemeanors but consider any damage to a motor vehicle a felony.

Can an undertaking be Cancelled?

Once an undertaking has been relied on, it can only be withdrawn by agreement.