Conveyance Trial Checklist: Difference between revisions

From Criminal Law Notebook
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:: observation of operation or care/control (e.g. in driver seat, vehicle in operation, speeding, erratic driving, keys in possession)
:: observation of operation or care/control (e.g. in driver seat, vehicle in operation, speeding, erratic driving, keys in possession)
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::  circumstances of initial encounter
::  circumstances of initial encounter
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::  description of vehicle, licence plate, presence of other passengers.
::  description of vehicle, licence plate, presence of other passengers.
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::  evidence of identity.
::  evidence of identity.
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: Procedure
: Procedure
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:: notification for reasons of detention
:: notification for reasons of detention
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:: observations of impairment (e.g. slurred speech, smell of alcohol on breath, unsteady movements, unusual conduct)
:: observations of impairment (e.g. slurred speech, smell of alcohol on breath, unsteady movements, unusual conduct)
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:: determination of screening demand.
:: determination of screening demand.
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::  articulate conclusions (operation while impaired OR blood-alcohol over 80)
::  articulate conclusions (operation while impaired OR blood-alcohol over 80)
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: Screening demand
: Screening demand
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:: Formation of demand
:: Formation of demand
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::: belief of offence (e.g. operation or care/control, impaired/over 80, alcohol remained for measurement)
::: belief of offence (e.g. operation or care/control, impaired/over 80, alcohol remained for measurement)
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:: any delay to accomodate "last drink" dissipation
:: any delay to accomodate "last drink" dissipation
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:: blowing into instrument and result;
:: blowing into instrument and result;
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:: whether result was communicated to investigator.
:: whether result was communicated to investigator.
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: Basis for breath demand
: Basis for breath demand
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:: suspicion of alcohol in body
:: suspicion of alcohol in body
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::  explaining s. 10 rights
::  explaining s. 10 rights
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::  response by accused  
::  response by accused  
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::  access to counsel
::  access to counsel
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:::  time of request for counsel
:::  time of request for counsel
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:::  steps to provide counsel
:::  steps to provide counsel
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Revision as of 13:11, 30 October 2024

See also: Operation While Impaired by Alcohol or Drug, Over 80, or Concentration Over Limit (Offence)
Preparations
Trial notice of police officers and civilian witnesses
Service of notices
certificate of qualified technician
alcohol standard certificate
certificate of approved instrument and/or certificate of blood analysis
certificate of drawing blood
Investigator / Technician
background (peace officer, duration of employment, training and experience investigating impaired trial)
Narrative
Time and place of initial involvement
observation of operation or care/control (e.g. in driver seat, vehicle in operation, speeding, erratic driving, keys in possession)
circumstances of initial encounter
description of vehicle, licence plate, presence of other passengers.
evidence of identity.
Procedure
notification for reasons of detention
observations of impairment (e.g. slurred speech, smell of alcohol on breath, unsteady movements, unusual conduct)
determination of screening demand.
articulate conclusions (operation while impaired OR blood-alcohol over 80)
Screening demand
Formation of demand
belief of offence (e.g. operation or care/control, impaired/over 80, alcohol remained for measurement)


observations that form grounds;


demand (wording, timing, and acknowledgment)


training/experience of administering ASD


ASD device and whether it is an "approved screening device"


calibration of device and whether believed to be operating at the time;


any delay to accomodate "last drink" dissipation
blowing into instrument and result;
whether result was communicated to investigator.
Basis for breath demand
suspicion of alcohol in body


suspicion of operation


grounds for belief (observations, hearsay and interpretations/inferences)


Effecting breath demand


time of demand


wording demand


explaining s. 10 rights
response by accused
access to counsel
time of request for counsel
steps to provide counsel


time of departure and arrival at place to access counsel


circumstances of providing private contact with counsel


Breath Sample


circumstances of breath sample procedure (time, place, tech).


explanation of breath tech


description of device to be used (model, testing, belief of qualified device, belief of properly functioning)


circumstances of sample given (time as "soon as practiable", sample "directly" into device)
any explanation about reasons for delay between the demand and the sample.
certificate evidence of the technician being "qualified".
certificate evidence of the device being an approved instrument;
certificate evidence of the alcohol standard solution being suitable.
proof of service of the certificates being personally servied on the accused.
Technician
training to administer sample
designation as a "qualified technician"
identification of person tested;
device used:
make and model;
whether it is and believed to be "approved";
Test
whether system blank test was conducted;
results of the test, and whether they were above 10 mg / 100 ml
whether a system calibration check was performed;
brand and lot number of the alcohol standard;
certificate that the standard was "suitable" for purpose
number and timing of the of samples;
whether accused blew directly into device;
what were the results, including the units of measurement;
certificate produced by the sample;
certificate of the alcohol standard solution;
observations of impairment/intoxication;