Precedent - Order for Cross-Examination Counsel: Difference between revisions
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{{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 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}}'''UPON THE APPLICATION''' made by counsel for | {{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}} |
Revision as of 10:32, 15 September 2022
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Order
486.3(2) Order |
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C A N A D A File# ________________ IN THE [LEVEL OF COURT] OF [PROVINCE] BETWEEN: – and –
ORDER 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 trial scheduled 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 victim 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:
DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___. _________________________________________________ Judge of the [Level] Court of [Province] [Internal File Coding] |
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