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HOW TO SEEK RELEASE WITHOUT PENALTY IN NB

Provincial Offences Procedure Act, SNB 1987, c P-22.1  


Release Without Penalty

55  Notwithstanding any provision of this Act or any other Act, where a judge who has convicted a defendant of an offence that does not, on conviction, carry a mandatory term of imprisonment is of the opinion that

(a)it is not in the public interest to impose a fine or a term of imprisonment, and

(b)the imposition of such a sentence would harm the reputation of the system of justice,

the judge may release the defendant without the imposition of a fine, a term of imprisonment or any other sentence that a judge may or shall impose under this Act or any other Act.

Jim O'Neil, LL.B.

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