Defence File Review Checklist

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File Review

FILE CHECKLIST FIRST APPEARANCE ISSUES ☐ Necessary Publication Bans SUFFICIENCY OF NOTICES ☐ Increased Penalty Notices s. 727 of Code or s. 8 of CDSA: ☐ Section 109 Weapons Prohibition Order (If subject to prior Order) ☐ Crown Give Notice to Rely on Prior Conviction for 85 to 103, 253, 254, 344 [firearms]; s. 5(3) CDSA SUFFICIENCY OF CHARGES ☐ Review Form of Charges: ☐ Range of dates conforms to evidence? ☐ Verify Wording of Offence, Section, and Victim(s) DISCLOSURE REVIEW FOR COMPLETENESS List names of people who are mentioned but no statement can be found. Determine whether to confirm whether they were interviewed. Determine if any witness is referring to or referencing a document not in disclosure Examine all photocopies and handwritten notes. Be sure that they are legible' and not cut-off in the copying process. Seized Exhibits Review list of exhibit items seized by police for documents or photographs. Verify that they been included in the disclosure. Consider requesting copies of photographs of the items. Review list of exhibit items seized by police that are electronic devices. Verify the status of their examination and likely timeline for any report. Consider whether to request disclosure of a forensic copy for the purpose of review by defence expert. Relevant Investigative Files Does disclosure mention other investigations relevant to the case. Consider whether the contents may have relevant information within it. Co-Accused Cases Request a list of records that are in the possession of the Crown that were disclosed to one co-accused but withheld for irrelevancy to counsel. DEFENCE DOCUMENTS ☐ Request Certified Documents: ☐ [list documents] ☐ Expert Witness Notice ☐ Drafting of Joint Statement of Fact 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 ☐ Hearing Estimates: ☐ Time Estimate Trial: _____________ Prelim. _______________ SENTENCING ☐ Letters of Reference ☐ PSR / PDR Notification ☐ Prepare client for s. 726 address to Court CONCLUSION OF FILE