Role of Court Administration: Difference between revisions
Created page with " ===Maintaining Records=== {{quotation3| ; Application of Parts XVI, XVIII, XX and XXIII 572 The provisions of Part XVI {{AnnSec|Part XVI}}, the provisions of Part XVIII {{AnnSec|Part XVIII}} relating to transmission of the record by a provincial court judge where he holds a preliminary inquiry, and the provisions of Parts XX {{AnnSec|Part XX}} and XXIII {{AnnSec|Part XXIII}}, in so far as they are not inconsistent with this Part {{AnnSec|Part XIX}}, apply, with such mod..." |
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Revision as of 14:27, 8 March 2023
Court Records
Maintaining Records
- Application of Parts XVI, XVIII, XX and XXIII
572 The provisions of Part XVI [Pt. XVI – Compelling Appearance of an Accused Before a Justice and Interim Release (ss. 493 to 529.5)], the provisions of Part XVIII [Pt. XVIII – Procedure on Preliminary Inquiry (ss. 535 to 551)] relating to transmission of the record by a provincial court judge where he holds a preliminary inquiry, and the provisions of Parts XX [Pt. XX – Procedure in Jury Trials and General Provisions (ss. 574 to 672)] and XXIII [Pt. XXIII – Sentencing (ss. 716 to 751.1)], in so far as they are not inconsistent with this Part [Pt. XIX – Indictable Offences – Trial Without a Jury (ss. 552 to 572)], apply, with such modifications as the circumstances require, to proceedings under this Part [Pt. XIX – Indictable Offences – Trial Without a Jury (ss. 552 to 572)].
R.S., 1985, c. C-46, s. 572; R.S., 1985, c. 27 (1st Supp.), s. 203.
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Under Part XX relating to jury trials:
- Taking evidence
646 On the trial of an accused for an indictable offence, the evidence of the witnesses for the prosecutor and the accused and the addresses of the prosecutor and the accused or counsel for the accused by way of summing up shall be taken in accordance with the provisions of Part XVIII [Pt. XVIII – Procedure on Preliminary Inquiry (ss. 535 to 551)], other than subsections 540(7) to (9) [adducing hearsay and other credible and trustworthy evidence], relating to the taking of evidence at preliminary inquiries.
R.S., 1985, c. C-46, s. 646; 2002, c. 13, s. 59.
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Validity of Orders
Validity of Forms (Part XXVIII)
- Forms
849 (1) The forms set out in this Part [Pt. XXVIII – Miscellaneous (ss. 841 to 849)], varied to suit the case, or forms to the like effect are deemed to be good, valid and sufficient in the circumstances for which they are provided.
- Seal not required
(2) No justice is required to attach or affix a seal to any writing or process that he or she is authorized to issue and in respect of which a form is provided by this Part [Pt. XXVIII – Miscellaneous (ss. 841 to 849)].
- Official languages
(3) Any pre-printed portions of a form set out in this Part, varied to suit the case, or of a form to the like effect shall be printed in both official languages.
2002, c. 13, s. 84.
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