Waivers of Time Periods

The second factor the courts will look at is whether or not there have been any waivers of time periods by you, the accused. Waivers occur when you forgo a right that you by law possess, such as the right to be tried within a reasonable time, in order to be granted an adjournment. If an adjournment, which is clearly labeled as a request from the defence, is granted, you will often be asked by the Justice of the Peace whether you will waive your rights under 11(b). If this occurs, you may not make an application under 11(b) at a later point in the court process claiming that your right to be tried within a reasonable time has been violated. This is primarily due to the reasoning that a defendant should not be able to argue unreasonable delay, if the delay is at their own request. It is important to note, however, that “if the mind of the accused or his or her counsel is not turned to the issue of waiver and is not aware of what his or her conduct signifies, then this conduct does not constitute waiver”

Further, a waiving of your 11(B) rights “must be clear and unequivocal, with full knowledge of the rights the procedure was enacted to protect and of the effect that waiver will have on those rights” . Therefore, the only way to waive your rights under 11(b) is to clearly state that you are doing so; it cannot be implied by your actions.

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