Procedure in Canadian Criminal Law describes the law relating to all of the steps in the criminal justice system
Procedure in Canadian Criminal Law
describes the law relating to all of the steps in the criminal justice system, beginning with the police investigation and ending with appeals. This book discusses each of the procedural topics in the sequence that is most likely to occur in criminal cases. It begins with some jurisdictional issues that are important for determining the procedure that will govern any given case. The court structure and the classification of offences are discussed in this context, as are territorial jurisdiction and appellate jurisdiction.
This book covers the following in the context of criminal procedure:
- Overview of the Charter of Rights and Freedoms
- The investigative stage of offences including police powers, arrest and detention, arbitrary detention, self-incrimination, search and seizure, the laying of criminal charges and compelling the appearance of the accused
- The pre-trial phase of a criminal offence such as arraignments and appearances, bail, production and disclosure, elections and re-elections, preliminary inquiries, prerogative writs, prosecutorial powers and the requirements of indictments and informations
- The trial stage encompasses the types of pleas that are acceptable, the concept of double jeopardy, the Charter right to a trial within a reasonable time, and jury selection
- The potential verdicts in a criminal trial are discussed and the variety of issues at the sentencing stage in the event that an accused has been found guilty or has pleaded guilty
- Finally, the extensive appeal rights available to the Crown and the defence
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