Did you Constable David Beck believe, on reasonable and probable grounds, that a person had committed a prescribed

offence? Yes or no? Did you Constable David Beck serve that person with a ticket in prescribed form? Yes or no? What is prescribed form Constable David Beck? Please describe this______________. Constable David Beck did you ask the defendant to sign a notice of prosecution corresponding to the ticket? Yes or no? Constable David Beck did you certify on the notice of prosecution that the defendant failed or refused to sign? Yes or no? Constable David Beck did you file notice of prosecution? Yes or no? Constable David Beck when did you file notice of prosecution? Date____________ Constable David Beck what was the date stated in the ticket for the defendants appearance?
_____________________ According to section 12(2) of Provincial Offences Procedure Act, SNB 1987, c P-22.1 Proceedings in respect of the offence charged in the ticket (procedures), commence when the notice of prosecution is filed with the judge. According to section 12(1) of Provincial Offences Procedure Act, SNB 1987, c P-22.1, Unless payment of a fixed penalty is made in accordance with section 14 within the time stated in the ticket, the notice of prosecution shall be filed with a judge no later than the date stated in the ticket for the defendants appearance. According to section 16(1) of Provincial Offences Procedure Act, SNB 1987, c P-22.1. Where the

defendant has not paid a fixed penalty before the time stated in the ticket for the payment of the fixed penalty and does not appear in court at the time and place stated in the ticket, the judge shall examine the notice of prosecution and, if the notice of prosecution contains the certificate referred to in subsection (2), the judge shall, subject to subsection (3), convict the defendant and impose a fine in the amount of the fixed penalty set out in the ticket.
According to section 16(2) of Provincial Offences Procedure Act, SNB 1987, c P-22.1 The certificate on

a notice of prosecution shall be in prescribed form, shall be signed, and shall state (a)that the person signing the certificate delivered personally to the defendant the ticket to which the notice of prosecution corresponds, and(b)that the ticket was in prescribed form and was completed in the same manner as the notice of prosecution.
According to section 16(3) of Provincial Offences Procedure Act, SNB 1987, c P-22.1 The judge shall

not convict the defendant if (a)the judge has reason to believe that the certificate on the notice of prosecution is inaccurate, or (b)the notice of prosecution contains a defect and the defect cannot be cured under section 106.
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According to section 106(5) of Provincial Offences Procedure Act, SNB 1987, c P-22.1 No curing of a

defect under subsection (4) shall be permitted if (a)the defect was such as to mislead the defendant, (b)substantial injustice would be caused to the defendant by curing the defect, and (c)the injustice that would be caused to the defendant by curing the defect cannot be overcome by the granting of an adjournment.
Pursuant to According to section 106(5) - Filing an information instead of a the notice of prosecution

would (1) mislead the defendant (2) substantial injustice would be caused if the court overlooks the fact that no notice of prosecution was issued at the time of the ticket being served, notice of prosecution was not filled according to the Act in prescribed form and the notice of prosecution was never filled with the Court before the date of the first appearance as required by section 12(1) of Provincial Offences Procedure Act, SNB 1987, c P-22.1, consequentially (c)the injustice that would be caused to the defendant by curing the defect cannot be overcome by the granting of an adjournment. The Information document should be withdrawn, because it is completely the wrong form for this procedure and this matter should be dismissed in its entirety, further this Court should not convict the defendant According to the conditions as set out in section 16(3) of Provincial Offences
Procedure Act, SNB 1987, c P-22.1.