Handling Summary Convictions Offences, 2020 Edition is a practical guide for the defence and prosecution of summary conviction offence cases.
Handling Summary Convictions Offences, 2020 Edition is a practical guide for the defence and prosecution of summary conviction offence cases. Summary conviction offences range from trespassing at night, causing a disturbance. And taking a motor vehicle without consent, to those where the crown has the election to proceed by way of summary conviction or indictment for offences ranging from assault, theft under $5,000 and public mischief.
This new annual text contains checklists, with chapters following the successive steps in a case, including the first client interview, how to gather information such as disclosure, bail, pretrial motions, the elements of summary conviction offences to be proven, various defences that may apply, trial procedures, sentencing, and reviews and appeals. There is also a chapter concerning ethical issues and obligations of the parties who appear before the Provincial Court: the duty of fairness on the prosecutor, which goes beyond the notion of merely “winning” or “losing” the case; the competency requirements imposed on legal service providers, so that their clients fully understand the scope of the representation and their rights; and the duty of civility that applies to all those who appear before the Court. Other topics covered include the importance of testimony from defence and prosecution witnesses which respects the process of the court and accords with the rules of evidence and rules of court which apply to summary conviction offences.