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Difference between revisions of "Pleading Not Guilty and Criminal Trials (1:VII)"
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Pleading Not Guilty and Criminal Trials (1:VII) (view source)
Revision as of 14:04, 25 August 2022
, 14:04, 25 August 2022→5. Voir Dires
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=== 5. ''Voir Dires'' === | === 5. ''Voir Dires'' === | ||
A ''Voir Dire'' is usually referred to as a “trial within a trial”. It is usually held during the Crown’s case where evidence is required in order to determine the admissibility of evidence. For example, ''Voir Dires'' can be held to determine whether a confession is voluntary and admissible or whether it should be excluded under section 24(2) of the ''Charter''. If the evidence heard in the ''Voir Dire'' is deemed to be admissible, counsel can agree that evidence on the ''Voir Dire'' will form part of the evidence at trial. | A ''Voir Dire'' is usually referred to as a “trial within a trial”. It is usually held during the Crown’s case where evidence is required in order to determine the admissibility of evidence. For example, ''Voir Dires'' can be held to determine whether a confession is voluntary and admissible or whether it should be excluded under section 24(2) of the ''Charter''. If the evidence heard in the ''Voir Dire'' is deemed to be admissible, counsel can agree that evidence on the ''Voir Dire'' will form part of the evidence at trial. Care should be taken to ensure that the evidence that is considered in the trial proper, from the ''Voir Dire'', is properly identified and admitted from the ''Voir Dire'' into the trial proper. | ||
Two | |||
Two common ''Voir Dire'' challenges are a challenge to the admissibility of items seized in a search and a challenge to the admissibility of an accused’s confession to the police. | |||
If there are grounds to challenge a search, Crown Counsel must be alerted to the fact that the defence/accused will be challenging the admission of the items seized during the search into evidence with sufficient detail to put Crown on notice as to the nature of that challenge (typically an alleged breach of section 8 of the Charter). | If there are grounds to challenge a search, Crown Counsel must be alerted to the fact that the defence/accused will be challenging the admission of the items seized during the search into evidence with sufficient detail to put Crown on notice as to the nature of that challenge (typically an alleged breach of section 8 of the Charter). | ||
If Crown is seeking to enter a confession into evidence that was given to the police (or other person in authority) Crown Counsel must first establish that the confession was voluntary in a ''Voir Dire''. It is common practice that any alleged breaches of section 10 of the ''Charter'' (i.e., accused not provided with access to counsel prior to their interrogation) are dealt with | If Crown is seeking to enter a confession into evidence that was given to the police (or other person in authority), Crown Counsel must first establish that the confession was voluntary in a ''Voir Dire''. It is common practice that any alleged breaches of section 10 of the ''Charter'' (i.e., accused not provided with access to counsel prior to their interrogation) are dealt with in the Crown Counsel’s ''Voir Dire'' on voluntariness. | ||
If an accused testifies at a ''Voir Dire'', they can only be cross-examined on the issues raised in the ''Voir Dire''. | If an accused testifies at a ''Voir Dire'', they can only be cross-examined on the issues raised in the ''Voir Dire''. | ||
