Defendant's Actions

When analyzing the reasons for the delay, the actions of the defendant must be taken into account. If adjournments were requested for purely personal reasons, such as scheduled vacations or a conflict in your representative's schedule, the Justice of the Peace will assign that delay to you. Merely having contributed to the delay, however, does not make you ineligible to make an application under 11(b). Instead, it will be a factor considered by the Justice of the Peace when he or she determines the validity of your claim. As such, when presenting an argument of your 11(b) rights, the period of time that your matter was forced to continue due to your adjournment will be subtracted from the total period of delay, the remainder of which will be attributed to either institutional or crown delay.

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