Election: Difference between revisions
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The election refers to the ability of the Crown and Defence to select which court will have jurisdiction over a criminal charge. The choice of each side is separate and distinct. For the Crown, they have the right to the "Crown Election" on offences that are hybrid.<ref> | The election refers to the ability of the Crown and Defence to select which court will have jurisdiction over a criminal charge. The choice of each side is separate and distinct. For the Crown, they have the right to the "Crown Election" on offences that are hybrid.<ref> | ||
See also [[Types of Offences]] | See also [[Types of Offences]] | ||
</ref> The Crown may chose to classify the offence as a summary offence, keeping the jurisdiction to provincial court, or as an indictable offence, enabling the Defence's right to "Defence election" which permits the accused to select the venue of trial amongst a variety of choices. | </ref> | ||
The Crown may chose to classify the offence as a summary offence, keeping the jurisdiction to provincial court, or as an indictable offence, enabling the Defence's right to "Defence election" which permits the accused to select the venue of trial amongst a variety of choices. | |||
{{reflist|2}} | {{reflist|2}} | ||
Revision as of 22:59, 18 August 2019
Introduction
The election refers to the ability of the Crown and Defence to select which court will have jurisdiction over a criminal charge. The choice of each side is separate and distinct. For the Crown, they have the right to the "Crown Election" on offences that are hybrid.[1] The Crown may chose to classify the offence as a summary offence, keeping the jurisdiction to provincial court, or as an indictable offence, enabling the Defence's right to "Defence election" which permits the accused to select the venue of trial amongst a variety of choices.
- ↑ See also Types of Offences