Crown File Review Checklist: Difference between revisions

From Criminal Law Notebook
 
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* See Also [http://bit.ly/2L3RznJ Prosecution File Checklist] (Google Docs)
* See Also [http://bit.ly/2L3RznJ Prosecution File Checklist] (Google Docs)
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* Witnesses as found in Crown-sheet
* Witnesses as found in Crown-sheet
* Additional witnesses
* Additional witnesses
* {{box}} involvement
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* {{box}} Summary
! Witness
* {{box}} Subpoenaed
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* {{Box}} Forward to File Room / Records
* {{Box}} Forward to File Room / Records


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===Subsequent Appearance===
* Do I have the complete file?
* Was disclosure provided? To whom?
* Is there any pending disclosure requests?
* Have victims been identified? Was referral made to Victim Services?
* Does accused have counsel?
* Was an election made? If summary, is it within time?
* What is the trial-time estimate?
* Does a victim need to be given notice?
* If Accused failed to attend, was proper notice provable?
* Has there been any settlement proposal sent to defence?
* In case of snap sentencing, consider penalty and ancillary order?
* How much delay has accrued? Does it warrant request for deemed election/plea?
 
; Organize for easy access: information, summary of facts, release/detention docs, criminal record, can-says, key photos


==Disclosure Review==
==Disclosure Review==
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{{Reflist|2}}

Latest revision as of 18:30, 30 July 2021

File Review

FILE CHECKLIST
INITIAL REVIEW
  • Review Form of Charges:
    • Range of dates conforms to evidence?
    • Verify Wording of Offence, Section, and Victim(s)
    • Election: _______________ [ ] On Record? ________________
  • Hearing Estimates:
    • Time Estimate Trial: _____________ Prelim. _______________


    • Section 109 Weapons Prohibition Order (If subject to prior Order)
    • Relying on Prior Conviction for 85 to 103, 253, 254, 344 [firearms]; s. 5(3) CDSA
  • Pick-up Order? Institution: _________________________
  • Publication Bans
TRIAL POLICE WITNESSES
  • Witnesses as found in Crown-sheet
  • Additional witnesses
Witness Involvement Officer Reports Notes Subpoenaed
1
2
3
4
5
TRIAL CIVILIAN WITNESSES
  • Witnesses as found in Crown-sheet
  • Additional witnesses
Witness Involvement Statements Summary Subpoenaed
1
2
3
4
5
NOTICES
  • Increased Penalty Notices s. 727 of Code or s. 8 of CDSA:
  • Send counsel / self-represented letter giving Business Documents Notice (s. 30 CEA) - 7 days before trial
  • Bank Records (s. 29 CEA) No notice needed as long as affidavit available
  • Expert Evidence (s. 657.3) - 30 days before trial
  • Preliminary Inquiry Hearsay (s. 540(7)) Reasonable notice, s. 540(8) CC
  • Certificate of Qualified Technician (s. 258) Reasonable notice, s. 258(7)
  • Certificate of Non-appearance (s. 145(9)) Reasonable notice, s. 145(11) CC
  • Certified True Copy _______________________________ (s. 24 CEA) 7 days prior to trial, s. 28(2) CEA
Initial Disclosure
DOCUMENTS
  • Request Certified Documents:
    • [list documents]

[List documents]

  • Send counsel / self-represented letter giving Judicial Documents Notice for:

[list documents]

  • Expert Witness Notice
  • Drafting of Joint Statement of Fact
MISSING DISCLOSURE
  • Record: ___________________________
  • Date requested
  • Date received
  • Date disclosed
OTHER TRIAL READINESS ISSUES
  • Out of Province Subpoena Applications required for: ___________________
  • Make travel arrangements for: _______________________________________
  • Interpreter Needed?
    • Court notified for booking?
  • Video-link Needed?
    • Court notified for booking?
  • Order Transcripts of police statements: __________________________
Needed by: _____________________
  • Order Transcripts of preliminary inquiry: _________________________
Needed by: ______________________
  • Preparing Exhibits (4 copies Judge alone [W, J, D, and C] or 18 copies for Jury trial [4 + 12 + 2 extra]):
[list exhibits here]
  • Testimonial Aids:
[ ] Video link out of country
[ ] Video link out of province
[ ] Support Person
[ ] Testimonial Screen
[ ] Video link for vulnerable witnesses
ISSUES
  • Issue:
  • Remedy:
TRIAL CANCELLATION
  • Call off police/civilian witnesses on file
Reason: ______________________________
SENTENCING
  • Victim Services Referral
  • PSR / PDR Notification
  • Prohibition Orders:
    • Section 109/110 Weapons Prohibition for _____ years
    • Section 161 for _____ years
    • Driving (259) for _______ years
  • Order of Forfeiture of Weapons
CONCLUSION OF FILE
  • Print-out electronic files (if necessary)
  • Fill out closure forms
  • Forward to File Room / Records


Subsequent Appearance

  • Do I have the complete file?
  • Was disclosure provided? To whom?
  • Is there any pending disclosure requests?
  • Have victims been identified? Was referral made to Victim Services?
  • Does accused have counsel?
  • Was an election made? If summary, is it within time?
  • What is the trial-time estimate?
  • Does a victim need to be given notice?
  • If Accused failed to attend, was proper notice provable?
  • Has there been any settlement proposal sent to defence?
  • In case of snap sentencing, consider penalty and ancillary order?
  • How much delay has accrued? Does it warrant request for deemed election/plea?
Organize for easy access
information, summary of facts, release/detention docs, criminal record, can-says, key photos

Disclosure Review

General
  • information/indictment
  • Crown sheet/brief
  • Release Order / Undertaking
  • List of witnesses with contact info
  • Notice of Intention to Intro. Documents
  • Scene Photos
  • Injury Photos
Special Records for Specific Offences
  • Certificate of Qualified Breath Tech
  • Extrapolation Report
  • Breath Test Ticket
Civilian Witnesses

Name / Involvment / Statements / Summary


Peace Officers

Name / Involvment / Report / Notes


Outstanding Disclosure


McNeil Requests


Vetting Disclosure

VETTING CHECKLIST
Relevance
  • Clearly irrelevant
Privilege
  • Informer privilege (usually in communication records)
  • Solicitor-client privilege including Crown/police advice (usually in communication records, police reports)
  • Investigative technique privilege
Witness safety
  • Contact info (address, phone number, email address) for witnesses / alleged victims who are at specific risk.
Alleged Victim's Private Records for Certain Sexual Offences
  • For certain sexual offences,[1] any record that attracts reasonable expectation of privacy of the alleged victims.[2]
    • medical, psychiatric, therapeutic, counselling,
    • education, employment,
    • child welfare, adoption and social services records
    • personal journals and diaries
On-going Investigation
  • Records relating to investigative steps in ongoing investigations
  • Records identifying suspects to ongoing investigations
  1. section 151 [sexual interference], 152 [invitation to sexual touching], 153 [sexual exploitation], 153.1 [sexual exploitation of disabled], 155 [incest], 160 [bestiality], 170 [parent or guardian procuring sexual activity], 171 [householder permitting prohibited sexual activity], 172 [corrupting children], 173 [Indecent acts], 213 [stopping or impeding traffic], 271 [sexual assault], 272 [sexual assault with a weapon or causing bodily harm], 273 [aggravated sexual assault], 279.01 [trafficking in persons], 279.011 [trafficking in persons, under 18], 279.02 [material benefit from trafficking], 279.03 [withholding or destroying docs], 286.1 [obtaining sexual services for consideration], 286.2 [material benefit from sexual services provided] or 286.3 [procuring]
  2. Production of Records for Sexual Offences