Law 2101 Lecture Notes - Lecture 11: Jury Trial, Determinative, Summary Offence
22 Oct 2018
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Most investigations commence with a complaint from a member of the public, but police are sometimes proactive. Generally, it is the police who decide whether to lay charges. Wishes of victims are considered, but not determinative. Private prosecutions rare and subject to public control. Crowns are quasi-judicial officers whose task is to achieve justice, not obtain a conviction. Crowns screen cases and prosecute only those cases that are in the public interests and for which there is a reasonable prospects of conviction. Must disclose case to the accused in advance of trial. Normally performed by private lawyers paid personally by accused or by legal aid. A narrower role, directed almost exclusively at protecting the interests of the client. Can assume an almost purely adversarial role towards prosecution. No duty to disclose the defence case to the prosecution. Most trials are before judge alone in ontario court of justice.
