INTRODUCTION AND BRIEF DESCRIPTION
This section allows medical evidence to be presented as a written report if agreed upon by the prosecutor and accused.
SECTION WORDING
672.16(2) For the purposes of paragraphs (1)(a) and (1.1)(b), if the prosecutor and the accused agree, the evidence of a medical practitioner may be received in the form of a report in writing.
EXPLANATION
Section 672.16(2) of the Criminal Code of Canada pertains to the admissibility of evidence from medical practitioners in criminal proceedings. This section provides that if both the prosecutor and the accused agree, the evidence of a medical practitioner may be presented in the form of a written report. This section is important because medical evidence can be crucial in determining the guilt or innocence of an accused person. For example, medical evidence may be used to provide an opinion on the cause of death, the mental state of the accused, or the extent of injuries sustained by a victim. By allowing medical evidence to be presented in the form of a written report, the Criminal Code of Canada aims to streamline the legal process and reduce the need for medical practitioners to testify in court. This can save time and resources and make the trial process more efficient. However, it is important to note that this provision only applies if both the prosecution and the accused agree to the use of a written report. If either party objects, the medical practitioner may still be required to testify in court. Overall, Section 672.16(2) of the Criminal Code of Canada recognizes the importance of medical evidence in criminal proceedings and provides a mechanism for presenting such evidence in a more efficient manner.
COMMENTARY
Section 672.16(2) of the Criminal Code of Canada outlines a procedure for the admission of medical evidence in criminal trials. The section grants discretion to the prosecutor and the accused to agree that medical evidence may be presented in the form of a written report. The purpose of this section is to streamline the process of presenting medical evidence by reducing the time and costs associated with producing expert witnesses. The admissibility of medical evidence is determined by the rules of evidence, which require that the evidence is relevant, reliable, and necessary. Medical evidence is typically introduced in criminal trials to provide information on the mental or physical health of the accused, which may be relevant to the commission of the offense. Such evidence may be used to support various legal defenses, including mental incompetence, diminished responsibility, or self-defense. The use of written reports by medical practitioners is increasingly common in criminal proceedings, particularly in cases involving mental health issues. These reports may include assessments of the accused's mental state, diagnosis of mental disorders, and recommendations for treatment. The use of written reports offers several benefits over traditional expert testimony, including increased efficiency, reduced costs, and improved consistency in the presentation of evidence. One potential concern with the use of written medical reports is that they can be subject to challenge on the basis of hearsay. This is because the report is prepared by someone who is not present in court to be cross-examined. However, the Criminal Code provides for a process of challenging the admissibility of evidence on the basis of hearsay, and the court will weigh the reliability of the report based on factors such as the qualifications of the practitioner who prepared it and the methodology used in the assessment. In summary, Section 672.16(2) of the Criminal Code of Canada provides for the admission of medical evidence in the form of written reports in criminal trials. This section offers an alternative to traditional expert testimony and can be beneficial in cases involving mental health issues. However, the use of written reports may raise concerns around the admissibility of hearsay evidence and must be evaluated on a case-by-case basis. Ultimately, the decision to admit written medical reports rests with the discretion of the prosecutor and the accused.
STRATEGY
Section 672.16(2) of the Criminal Code of Canada allows for the admissibility of evidence in the form of a written report from a medical practitioner, provided both the prosecutor and accused agree. This provision can be employed strategically in a number of ways in criminal proceedings. One potential strategy that could be employed is to use this provision to expedite the trial process. Written reports from medical professionals are likely to be more efficient than having those professionals appear in court to testify. This shortens the time required to present evidence, potentially facilitating a quicker resolution in the case. Another strategy could be to use this provision to bolster a particular argument. For example, if the prosecution has a strong case, the defense may want to use a written report from a medical practitioner to support their argument. This could be particularly effective if the report in question highlights inconsistencies or contradictions in the prosecution's case. A related strategy could be to use this provision to challenge the credibility of a witness, particularly if that witness is a medical practitioner. A written report from a different medical practitioner could be presented to dispute the testimony of the first practitioner, potentially creating doubt in the mind of the judge or jury. However, there are also potential risks to relying on this provision. For example, if a written report is used instead of live testimony, the defense may lose the opportunity to cross-examine the medical practitioner who authored the report. Cross-examination can be a valuable tool for discovering weaknesses in the prosecution's case or for casting doubt on witness testimony. Another consideration is that using this provision may limit the scope of the evidence that can be presented. The written report may only cover certain aspects of the medical evidence, which could prevent the defense from introducing other relevant evidence that could help their case. In conclusion, Section 672.16(2) presents a number of strategic considerations for criminal proceedings. While using this provision can be a valuable tool for saving time and bolstering arguments, it is important to carefully weigh the potential risks and limitations associated with relying on written reports from medical practitioners. Criminal defense attorneys need to be familiar with and well-versed in this provision to make strategic decisions about how to use it to their advantage.