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

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{{ANDWHEREAS Trial}}
{{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}}'''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}}
{{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}}
{{DATED}}

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:

  1. the accused be prohibited from personally examining [name of witness] and
  2. 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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