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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 22:35, 29 August 2022
, 22:35, 29 August 2022→a) Privilege and compelling attendance of a witness
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=== 10. Witnesses === | === 10. Witnesses === | ||
==== a) Privilege and | ==== a) Privilege and Compelling Attendance of a Witness ==== | ||
Both sides may contact any and all witnesses who will be called at trial, including police officers. However, witnesses are not required to speak to Crown or defence counsel prior to the trial. | Both sides may contact any and all witnesses who will be called at trial, including police officers. However, witnesses are not required to speak to Crown or defence counsel prior to the trial. | ||
A witness may be compelled to attend trial to give evidence and | A witness may be compelled to attend trial to give evidence and bring documents by means of a subpoena processed through the court registry that is personally served on them (s 699 and 700 of the ''[https://laws-lois.justice.gc.ca/eng/acts/c-46/ Criminal Code]''). An arrest warrant may be issued for non-compliance (s 705). Unless the witness is served with a subpoena, they are under no legal obligation to attend court proceedings. Crown Counsel will often agree to subpoena witnesses who have provided a police statement and Crown Counsel does not intend to call in its case but defence counsel wants to have called. Other defence witnesses are typically known to the accused (such as alibi witnesses) and attend voluntarily. The defence/accused should obtain subpoenas for witnesses if (1) they are important, (2) they are not under Crown subpoena and (3) they are not likely to attend voluntarily. | ||
Witnesses must answer all questions put to them unless the information that Crown Counsel/defence is asking is legally privileged. Some examples of legal privilege are: | Witnesses must answer all questions put to them unless the information that Crown Counsel/defence is asking is legally privileged. Some examples of legal privilege are: | ||