LAWS 2301 Lecture Notes - Lecture 6: Indictable Offence, Summary Offence, Cross-Examination
11 Mar 2018
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Sections 7 to 14: intended to ensure fairness in legal proceedings and respect for principles of justice. Principles of justice: acting in accordance with law. Stages of a criminal case: investigation, must be grounds for investigation. Sometimes can take weeks, months, years: laying charges, also involves the police. Laying of charge decision rests with the police. They have to consider the parties to the case, and look at public interest. Is a prosecution in the public"s best interest: when the answer is yes to both, the crown will prosecute. If the answer to either question is no, then they won"t proceed: the crown uses prosecutorial discretion. They hold authority here, and throughout most stages of a criminal case: attending court, entering plea and bail, bail is also decided by public interest. It wouldn"t be reasonable to hold someone with low-level charges: there can be requirements on bail, like a surety, house arrest, etc.
