5,109
edits
Difference between revisions of "Criminal Charges (1:IV)"
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When the accused receives the RTCC with the particulars, the RTCC should be cross referenced to the particulars to ensure that full disclosure has been made of the investigative file. If the RTCC mentions an audio statement that was taken, that audio and perhaps a transcript of the audio should be included in the disclosure. In addition, ensure that there is a narrative and corresponding personal notes from each police officer mentioned in the RTCC and that any other evidence mentioned in the RTCC has been provided in the particulars. If something is missing from the file, make a disclosure request to the Crown in writing, as soon as possible. | When the accused receives the RTCC with the particulars, the RTCC should be cross referenced to the particulars to ensure that full disclosure has been made of the investigative file. If the RTCC mentions an audio statement that was taken, that audio and perhaps a transcript of the audio should be included in the disclosure. In addition, ensure that there is a narrative and corresponding personal notes from each police officer mentioned in the RTCC and that any other evidence mentioned in the RTCC has been provided in the particulars. If something is missing from the file, make a disclosure request to the Crown in writing, as soon as possible. | ||
=== 4. Release Conditions (Contained within the Bail Document) === | === 4. Release Conditions (Contained within the Bail Document) === | ||
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==== a) Is the Evidence Direct or Circumstantial? ==== | ==== a) Is the Evidence Direct or Circumstantial? ==== | ||
If the evidence is circumstantial, is there an innocent explanation for the totality of circumstances? | If the evidence is circumstantial, is there an innocent explanation for the totality of circumstances? | ||
==== b) Is the Evidence Testimonial? ==== | ==== b) Is the Evidence Testimonial? ==== | ||
For testimonial evidence, consider the reliability and credibility of the witness(es). Consider whether there is a good reason to suspect that the witness(es) is mistaken (reliability) or lying (credibility). | For testimonial evidence, consider the reliability and credibility of the witness(es). Consider whether there is a good reason to suspect that the witness(es) is mistaken (reliability) or lying (credibility). | ||
==== c) Is the Evidence Physical Evidence? ==== | ==== c) Is the Evidence Physical Evidence? ==== | ||
