Criminal Code of Canada - section 652(3) - Who shall attend

section 652(3)

INTRODUCTION AND BRIEF DESCRIPTION

The accused and the judge must attend a view ordered under subsection (1).

SECTION WORDING

652(3) Where a view is ordered under subsection (1), the accused and the judge shall attend.

EXPLANATION

Section 652(3) of the Criminal Code of Canada is a provision that governs the conduct of certain criminal proceedings. Specifically, this provision deals with the order of a "view" which can only be ordered by a judge. A view is a type of investigative procedure that involves a visit or inspection of a location or physical object. In the context of criminal proceedings, a view may be ordered by a judge to help the court better understand the facts and evidence in a case. According to section 652(3), if a view is ordered under subsection (1), both the accused and the judge are required to attend. This means that the accused must be present during the view and have the opportunity to observe the proceedings and provide input as needed. The judge also must be present to oversee the proceedings, make rulings, and ensure that the view is conducted in accordance with the law. This provision is important for protecting the rights of the accused and ensuring that the view is conducted fairly and impartially. By requiring the presence of both the accused and the judge, the provision ensures that all parties are able to participate in the proceedings and have a voice in the outcome of the case. Overall, section 652(3) is an important provision within the Criminal Code of Canada that helps to ensure that criminal proceedings are conducted fairly and in accordance with the law. By requiring the presence of both the accused and the judge during a view, this provision helps to safeguard the rights of the accused and promote transparency and accountability in the criminal justice system.

COMMENTARY

Section 652(3) of the Criminal Code of Canada outlines the importance of the presence of both the accused and the judge during a view ordered under subsection (1). A view is simply a visit or inspection of the physical location of where an alleged crime took place. This section of the code underscores the significance of physical evidence, which can be crucial in determining the guilt or innocence of an accused. The presence of both the accused and the judge is necessary to ensure that the view is conducted in a fair and unbiased manner. The accused has the right to be present during all stages of their trial and to be afforded a fair and impartial hearing. Therefore, their presence during a view is critical to allowing them to observe and challenge any evidence presented, and to ensure their rights are fully protected. Additionally, the judge's presence is necessary to ensure that the view is conducted in accordance with legal procedures, rules, and requirements. The judge can observe the particularities of the scene and verify its compliance with the description given during the trial. The primary objective is to prevent biases and ensure justice is administered effectively. The importance of a view cannot be overstated, especially in cases that involve physical evidence. A view allows the judge to gain a better understanding of the crime scene and the events that transpired. It provides context and perspective, allowing the judge to weigh the evidence presented in its proper context. The accused, on the other hand, has the opportunity to confront any inaccuracies and inconsistencies in the evidence presented. In summary, Section 652(3) of the Criminal Code of Canada is a crucial safeguard to ensuring the fairness of the legal process in Canada. It emphasizes the importance of physical evidence and provides both the accused and the judge with the opportunity to observe the crime scene in its proper context. This section further underscores that the administration of justice doesn't solely rely on the mechanical application of legal rules but rather depends on careful and thorough presentation and consideration of the facts.

STRATEGY

Section 652(3) of the Criminal Code of Canada requires the accused and the judge to attend a view if it is ordered under subsection (1). A view is an inspection of a place or object that is relevant to a criminal case. The purpose of a view is to help the judge better understand the evidence and the context of the case. When dealing with this section of the Criminal Code of Canada, there are several strategic considerations that lawyers and judges should keep in mind. One strategic consideration is to carefully assess the value of a view in a particular case. Not all cases require a view, and in some cases, a view may not be necessary or relevant. However, in cases where a view is valuable, it can be a powerful tool for either the prosecution or the defence. For example, a view may help establish the location of a crime scene, the layout of a building, or the visibility from a particular vantage point. If a view is likely to be a useful tool, lawyers and judges should ensure that it is ordered. Another strategic consideration is to prepare for a view carefully. A view should be well-planned in advance, with the necessary arrangements made for transportation, security, and any special equipment required. Lawyers and judges should also be prepared to address any objections that may arise during the view, such as concerns about privacy or safety. In addition, lawyers should ensure that they are familiar with the rules of evidence and procedure that apply to a view, and that they understand how to make effective use of the information gained from the view. A third strategic consideration is to use the view as an opportunity to build rapport with the judge and the jury. A view can be an informal and relaxed setting, where lawyers and judges can interact more informally than in a courtroom. Lawyers should take advantage of this opportunity to build trust and credibility with the judge and the jury by demonstrating their knowledge and professionalism. Finally, lawyers and judges should be aware of the potential limitations of a view. A view is not a substitute for other forms of evidence, such as witness testimony, expert reports, or physical evidence. Moreover, a view is a snapshot in time, and may not accurately reflect the conditions at the time of the crime. Lawyers and judges should therefore be cautious about placing too much weight on the evidence gained from a view, and should always consider it in conjunction with other evidence. In conclusion, section 652(3) of the Criminal Code of Canada provides for a valuable tool in criminal proceedings. Lawyers and judges must weigh the strategic considerations with the value of this tool to ensure that justice is served. The views must be carefully planned, objectives identified and the limitations thoroughly understood before consensus on the use of the view is reached.