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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 18:38, 29 August 2022
, 18:38, 29 August 2022→B. Appearance for trial - elections as to mode of trial
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The judge or Justice of the Peace will then ask the self-represented accused (or defence counsel) for their position on the time estimate and then decide how much time is appropriate to set aside for the trial. The clerk will provide counsel with a form to take to the Judicial Case Manager (JCM) to set a trial date. It is important that the accused attends the JCM to receive a trial date. | The judge or Justice of the Peace will then ask the self-represented accused (or defence counsel) for their position on the time estimate and then decide how much time is appropriate to set aside for the trial. The clerk will provide counsel with a form to take to the Judicial Case Manager (JCM) to set a trial date. It is important that the accused attends the JCM to receive a trial date. | ||
== B. Appearance for | == B. Appearance for Trial - Elections as to Mode of Trial == | ||
There are a number of different modes of procedure, although LSLAP students will only appear on summary matters. | There are a number of different modes of procedure, although LSLAP students will only appear on summary matters. | ||
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For a hybrid offence where the Crown chooses to proceed summarily, see above. | For a hybrid offence where the Crown chooses to proceed summarily, see above. | ||
For a hybrid offence where the Crown chooses to proceed by indictment, or where the offence is strictly indictable, the accused has the right to elect a mode of trial, unless the indictable offence is listed in sections 469 or 553 of the ''Criminal Code''. | For a hybrid offence where the Crown chooses to proceed by indictment, or where the offence is strictly indictable, the accused has the right to elect a mode of trial, unless the indictable offence is listed in sections 469 or 553 of the ''[https://laws-lois.justice.gc.ca/eng/acts/c-46/ Criminal Code]''. | ||
Where the accused has the right of election, they will be asked to elect at the arraignment hearing. | Where the accused has the right of election, they will be asked to elect at the arraignment hearing. | ||
