Difference between revisions of "Criminal Charges (1:IV)"

The clinician should review all aspects of the Information to ensure that it has been laid  properly.  Particularly,  ensure  that  the  Information  has  been  laid  within  six months of the alleged offence on summary conviction offences. Also ensure that the date of the alleged offence and the names of the accused and complainant are correct.

The Information must contain sufficient allegations to indicate that the named person committed an offence. It may contain "counts" charging the accused with separate offences. It must contain sufficient details of the circumstances of the offence(s) to enable the accused to make full answer and defence to the charge (ss 581(1) and (2) of the ''Criminal Code''). If the Information does not contain full particularisation to allow full answer and defence to the charge, the accused may bring an application to the court to particularise the Information (''Criminal Code'', s 587). If the Information does not adequately state the charge or contains a very unclear description of the alleged offence, then a motion can be made to quash or strike down the Information. However, as noted below, this process is rarely used because the courts will generally allow Crown Counsel to amend the Information instead of ordering it quashed.

If the Information is not contained within the particulars package, a copy may be obtained from the court registry or Crown Counsel’s office any time after it is laid.  

Provisions  exist  for  a  motion  to  be  made  to  quash  the  Information  (or a count therein) before the plea or, with leave of the court, afterwards (''Criminal Code'', s 601(1)). Although this is almost never done, some situations in which an Information might be struck down are if it doesn't adequately state the charge, doesn't include the date of the offence, or contains an unclear description of the circumstances of the alleged offence. To remedy the defect, the court  may quash the Information  or  order an amendment.  Amendment  powers  are  considerable,  and  the  Information may be amended at any time during the trial so long as the accused is not prejudiced or misled. The court will generally amend an Information if the defects are in form only. ''R v Stewart'' (1979), 46 CCC (2d) 97 (BCCA) makes it clear that courts tend to focus on substantial wrongs, not mere technicalities. There are generous provisions in the ''Criminal Code'' that allow technical defects in form and style to be disregarded (ss 581(2) and (3), and s 601(3)).