Precedent - Order for Cross-Examination Counsel: Difference between revisions

Latest revision as of 12:40, 23 November 2023

PRECEDENT TERMS OF USE All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution.

Order

See also: Cross-Examinations#Cross-Examination by Self-Represented Accused

486.3(2) Order
C A N A D A File# ________________ PROVINCE OF [PROVINCE] COUNTY OF [COUNTY] IN THE [LEVEL OF COURT] OF [PROVINCE] ([name] Region) BETWEEN: HIS MAJESTY THE KING – and – [ACCUSED NAME] ORDER *(Section 486.3(2) of the Criminal Code)* Before the Honourable Judge/Justice Presiding: WHEREAS the accused, [accused name], has been charged that [on or about/between] [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code; AND WHEREAS the trial for these outstanding charges is currently scheduled to begin before the [level of court] on [date] at [time]. AND WHEREAS the scheduled trial relates to one or more offences enumerated under s. 486.3(2) of the Criminal Code, which permits the Court to prohibit the accused from personally cross-examining a complainant or witness. UPON THE APPLICATION made by counsel for His Majesty the King, [name of counsel], for an Order to prohibit the personal cross-examination of the witness, [name]; UPON BEING SATISIFIED that the proper administration of justice does not require the accused to personally conduct the cross-examination of the witness; IT IS ORDERED that: the accused be prohibited from personally examining [name of witness] and Counsel is appointed to conduct the cross-examination of the named complainant/witness. DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___. _________________________________________________ Judge of the [Level] Court of [Province] [Internal File Coding]

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+{{HeaderTemplates}}
+{{Precedent Terms of Use}}
 ==Order==
 {{seealso|Cross-Examinations#Cross-Examination by Self-Represented Accused}}
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 {{ANDWHEREAS Trial}}
-{{I-Start}}'''AND WHEREAS''' the trial scheduled relates to one or more offences enumerated under s. 486.3(2){{CCC}}, which permits the Court to prohibit the accused from personally cross-examining a victim or witness.{{I-End}}
+{{I-Start}}'''AND WHEREAS''' the scheduled trial relates to one or more offences enumerated under s. 486.3(2){{CCC}}, which permits the Court to prohibit the accused from personally cross-examining a complainant or witness.{{I-End}}
-{{I-Start}}'''UPON THE APPLICATION''' made by counsel for Her Majesty the Queen, [name of counsel], for an Order to prohibit the personal cross-examination of the witness, [name];{{I-End}}
+{{I-Start}}'''UPON THE APPLICATION''' made by counsel for His Majesty the King, [name of counsel], for an Order to prohibit the personal cross-examination of the witness, [name];{{I-End}}
 {{I-Start}}'''UPON BEING SATISIFIED''' that the proper administration of justice does ''not'' require the accused to personally conduct the cross-examination of the witness;{{I-End}}
 {{I-Start}}'''IT IS ORDERED''' that:{{I-End}}
-# the accused be prohibited from personally examining [name of witness]
+# the accused be prohibited from personally examining [name of witness] and
-# counsel is appointed to conduct the cross-examination of [name of witness]
+# Counsel is appointed to conduct the cross-examination of the named complainant/witness.
 {{DATED}}