BILL 4

An Act to Amend the Provincial Offences Procedure Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 Subsection 1(1) of the Provincial Offences Procedure Act, chapter P-22.1 of the Acts of New Brunswick, 1987, is amended by adding the following definition in alphabetical order: 

“firearm” means a firearm as defined in the Criminal Code (Canada); (arme à feu)

2 Subsection 128(2) of the Act is repealed and the following is substituted: 

128( 2) A judge shall order that a defendant be detained in custody in order to be dealt with according to law if the prosecutor, having been given an opportunity to do so, satisfies the judge that the detention of the defendant is justified on any of the following grounds: 

athe detention is necessary to ensure the defendant’s attendance in court in order to be dealt with according to law;

bthe detention is necessary for the protection or safety of the public, including any victim of or witness to the offence, or any minor, having regard to all the circumstances including any substantial likelihood that the defendant will, if released from custody, commit an offence or interfere with the administration of justice; and

cthe detention is necessary to maintain confidence in the administration of justice, having regard to all the circumstances, including

( i) the apparent strength of the prosecution’s case,

( ii) the nature of the offence,

( iii) the circumstances surrounding the commission of the offence, including whether a firearm was used, and

( iv) the fact that the defendant is liable, on conviction, for a term of imprisonment.