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edits
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 13:36, 25 August 2022
, 13:36, 25 August 2022→1. Conduct of the Trial
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The standard Provincial Court trial generally proceeds by the following procedure: | The standard Provincial Court trial generally proceeds by the following procedure: | ||
# The Crown calls the case and introduces itself. | # The Crown calls the case and introduces itself. | ||
# The defence/accused stands and introduces | # The defence/accused stands and introduces themselves. This will be done by the defence counsel if the accused has a lawyer. | ||
# Usually, Crown asks for an order excluding witnesses, which excludes any witnesses about to testify in the matter from the courtroom until such time as they are called. If Crown fails to do so and there are any witnesses in the courtroom, defence should remind the court of the need to make such an order. | # Usually, Crown asks for an order excluding witnesses, which excludes any witnesses about to testify in the matter from the courtroom until such time as they are called. If Crown fails to do so and there are any witnesses in the courtroom, defence should remind the court of the need to make such an order. | ||
# Crown will call its witnesses (called direct examination), and defence may cross-examine each witness as they are called. | # Crown will call its witnesses (called direct examination), and defence may cross-examine each witness as they are called. | ||
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## choose not to call any evidence; or | ## choose not to call any evidence; or | ||
## call defence witnesses. | ## call defence witnesses. | ||
# If a defence is called, they can then call witnesses, starting with the evidence of the accused as their evidence should not be tainted by hearing the evidence of other defence witnesses prior to the accused giving evidence. Crown may cross-examine each witness as they are called. | # If a defence is called, they can then call witnesses, starting with the evidence of the accused, as their evidence should not be tainted by hearing the evidence of other defence witnesses prior to the accused giving evidence. Crown may cross-examine each witness as they are called. | ||
# If a defence was called, defence counsel makes closing submissions, then Crown. | # If a defence was called, defence counsel makes closing submissions, then Crown. | ||
# If a defence was not called, Crown makes closing submissions first, and then defence counsel. | # If a defence was not called, Crown makes closing submissions first, and then defence counsel. | ||
