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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 13:33, 25 August 2022
, 13:33, 25 August 2022→3. Electable offences
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If the accused/defence fails to elect when the question is put to them, under section 565(1) of the ''Criminal Code'' they will be deemed to have elected a trial in Supreme Court with a judge and jury. | If the accused/defence fails to elect when the question is put to them, under section 565(1) of the ''Criminal Code'' they will be deemed to have elected a trial in Supreme Court with a judge and jury. | ||
If an accused/defence elects a Supreme Court trial, they have the right to test the Crown’s case in a Preliminary Inquiry (see below). This right to a | If an accused/defence elects a Supreme Court trial, they have the right to test the Crown’s case in a Preliminary Inquiry (see below). This right to a Preliminary Inquiry can be waived by the accused/defence, however, this rarely occurs because the most common reason for electing a trial before a Supreme Court (instead of a Provincial Court) is to gain the advantage of testing and discovering the Crown’s case during the Preliminary Inquiry. | ||
If there are two or more accused who are jointly charged in an Information, then under section 536(4.2), if one party elects to proceed before a Supreme Court and the other wants Provincial Court, both are deemed to have elected to proceed in Supreme Court. If one person elects a judge and jury in Supreme Court and the other elects judge alone, both are deemed to have elected to proceed by judge and jury. | If there are two or more accused who are jointly charged in an Information, then under section 536(4.2), if one party elects to proceed before a Supreme Court and the other wants Provincial Court, both are deemed to have elected to proceed in Supreme Court. If one person elects a judge and jury in Supreme Court and the other elects judge alone, both are deemed to have elected to proceed by judge and jury. | ||
=== 4. Preliminary inquiry === | === 4. Preliminary inquiry === | ||
