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

Criminal Charges (1:IV) (view source)

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 A person in lawful custody for an indictable offence (or a hybrid offence where the Crown has yet to elect) may be fingerprinted and photographed. A person may be required to submit to being fingerprinted and photographed under the ''Identification of Criminals Act'', R.SC 1985, c I-1.
-If the Crown is proceeding summarily, they have no power to require fingerprints. If the accused attends court prior to the fingerprinting date, the accused can ask the Crown to elect in court how they are proceeding. Once Crown has stated on record that it is proceeding summarily, the accused will not be required to attend fingerprinting. If the accused has already been fingerprinted and the Crown is proceeding summarily, the accused can apply to the police force who collected the fingerprints to have those fingerprints destroyed.
+The police commonly fix the date for fingerprinting prior to the date of the first appearance and prior to any charge approval decision being made by Crown Counsel. If the accused has already been fingerprinted and the Crown does not approve the charges or stays the proceeding, the accused can apply to the police force who collected the fingerprints to have those fingerprints destroyed.
 === 7. Varying conditions of interim release (bail variation) ===