Difference between revisions of "Resolving Criminal Matters Prior to Trial (1:VI)"

Resolving Criminal Matters Prior to Trial (1:VI) (view source)

9 bytes removed , 12:27, 25 August 2022

5,109

edits

@@ Line 43: / Line 43: @@
 Section 606 of the Canadian Criminal Code outlines the conditions that need to be met for a court to accept a guilty plea. These include that:
-•	the accused is making the plea voluntarily;
+*the accused is making the plea voluntarily;
-•	the accused understands that the plea is an admission of the essential elements of the offence, the nature and consequences of the plea, and that the court is not bound by any agreement made between the accused and the prosecutor;
+*the accused understands that the plea is an admission of the essential elements of the offence, the nature and consequences of the plea, and that the court is not bound by any agreement made between the accused and the prosecutor;
-•	the facts support the charge.
+*the facts support the charge.
 	The court has an obligation to ensure that Section 606 has been canvassed with the accused before accepting any guilty plea and should canvass these matters directly with the accused unless the accused is represented by legal counsel who assures the court that section 606 has been canvassed.  Legal counsel should canvass these matters with the client prior to the guilty plea and take detailed notes of this interaction, if there is any doubt about the clients understanding of this interaction counsel should have the court canvass section 606 directly with the accused.