Once a request for a summary order has been made, within what period must the court make it, and which cases fall outside that count?
General information · Not legal advice
Material to check
In a practice file we read the request for the summary order and its filing stamp, to fix the day the request was made, then the summary order itself and the date it bears, and whatever in the file bears on whether the case is one the Criminal Procedure Act provides for separately.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the period literally: the summary order must be made within the period the provision sets, counted from the day the request was made, and this reaches every summary order except the case the Criminal Procedure Act provides for, which the provision excludes.
Another reading notes what the provision does not say: it fixes when the order must be made but not what becomes of an order made after that period, nor how a file shows that a case sits inside or outside the excluded Criminal Procedure Act case.
Your judgment
If the summary order was made after the period had run, what in the record shows whether the case was one excluded from this count?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change the period or the event it runs from, or if a court decision sets the effect of a summary order made after the period has run.