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Difference between revisions of "Other Issues in Criminal Matters (1:VIII)"
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Other Issues in Criminal Matters (1:VIII) (view source)
Revision as of 03:21, 28 October 2016
, 03:21, 28 October 2016→C. Staying a charge
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A judge has no discretion in the decision of Crown Counsel to enter a stay of proceedings (''Criminal Code'', s 579). The Crown may enter a stay of proceedings either before or during the trial. See [[Resolving Criminal Matters Prior to Trial (1:VI) | Section VI: Resolving the Matter Prior to Trial]], above, for more information. | A judge has no discretion in the decision of Crown Counsel to enter a stay of proceedings (''Criminal Code'', s 579). The Crown may enter a stay of proceedings either before or during the trial. See [[Resolving Criminal Matters Prior to Trial (1:VI) | Section VI: Resolving the Matter Prior to Trial]], above, for more information. | ||
:''' | :'''NOTE:''' At trial, the accused may instead ask Crown to call no evidence rather than enter a stay of proceedings, in which case the accused is acquitted due to a lack of evidence. This decision is solely within the discretion of Crown Counsel. An acquittal is preferable to a stay of proceedings as the accused's record will be removed immediately rather than remain as a 'pending charge' for one year. | ||
Any person who wishes to have a stay of proceedings entered should do so with advice of counsel. Complainants should be careful with regards to what is said to Crown. The complainant could potentially cause charges to be brought against them if they tell Crown that they will not testify even if summoned, or that they initially lied to the police. | Any person who wishes to have a stay of proceedings entered should do so with advice of counsel. Complainants should be careful with regards to what is said to Crown. The complainant could potentially cause charges to be brought against them if they tell Crown that they will not testify even if summoned, or that they initially lied to the police. | ||