Precedent - Order for Cross-Examination Counsel

From Criminal Law Notebook
Revision as of 13:40, 23 November 2023 by Admin (talk | contribs) (→‎Order)
(diff) ← Older revision | Latest revision (diff) | Newer revision → (diff)
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]

<gdoc id="xx" width="750" height="1000" />