Stay of proceedings
5 definitions found for this term.
Definitions are presented in the order source books were published (most recent first).
Criminal Procedure 4/e$75.00 – $120.00
An order preventing, either temporarily or permanently, any further action on a prosecution. Crown prosecutors have a power under the Criminal Code to temporarily stay proceedings for a period not exceeding one year (see sections 579 and 579.1(2) of the Code), and judges can permanently stay proceedings as a remedy for a Charter breach.
Criminal Law, 7/e$75.00 – $120.00
A disposition where the court does not allow a prosecution to proceed because of objectionable police or prosecutorial conduct and/or a violation of the accused’s rights. This remedy is not the moral equivalent of an acquittal because it does not reach the merits but has the same practical effects.
Youth Criminal Justice Law, 3/e$60.00 – $96.00
A suspension of court proceedings without resolution of guilt or innocence. A judge may, for example, stay proceedings if there has been an abuse of process. The Crown sometimes enters a stay if a youth is referred to extrajudicial sanctions. A proceeding stayed by the Crown may be recommenced within one year (Criminal Code, s. 579). Sometimes, a violation of the Charter may result in a judicially ordered stay of proceedings.
Mental Health Courts
Decriminalizing the Mentally Ill$54.00 – $86.40
A suspension of the court proceedings. For up to one year, the Crown may lift the stay and re-institute the proceedings. After one year the matter is stayed permanently.
A discontinuation of the administrative process pending the outcome of judicial review or a statutory appeal.