INTRODUCTION AND BRIEF DESCRIPTION
570(2) Where an accused who is tried under this Part is found not guilty of an offence with which the accused is charged, the judge or provincial court judge, as the case may be, shall immediately acquit the accused in respect of that offence and shall cause an order in Form 37 to be drawn up, and on request shall make out and deliver to the accused a certified copy of the order.
Section 570(2) of the Criminal Code of Canada highlights the legal process that is followed when an accused is found not guilty of an offence that they have been charged with. In such cases, the judge or provincial court judge is required to immediately acquit the accused in respect of that offence. This means that the accused is no longer considered guilty of the crime and they are no longer required to face any further legal action in regards to that particular offence. The section further states that the judge or provincial court judge must cause an order in Form 37 to be drawn up, which essentially serves as a written record of the acquittal. Moreover, on the request of the accused, the judge or provincial court judge is also obligated to make out and deliver a certified copy of the order to the accused. Overall, section 570(2) of the Criminal Code of Canada ensures that the legal rights of an accused individual are protected and that they are not subject to any unnecessary legal action after being found not guilty of a crime. This section also emphasizes the importance of due process and serves as an important safeguard against any potential miscarriage of justice.
Section 570(2) of the Criminal Code of Canada is an important provision that deals with the procedural aspect of criminal trials. The section provides guidance on what should happen immediately after an accused person is found not guilty of a criminal offense they have been charged with. Upon a finding of not guilty, the judge or provincial court judge, as the case may be, is required to immediately acquit the accused person in respect of the offense they are charged with. This means that the accused person is freed from any further legal proceedings in relation to that specific offense. Additionally, the judge is required to cause an order in Form 37 to be drawn up. This order serves as a record of the court's decision and officially acquits the accused person of the charged offense. The purpose of this order is to ensure that the records of the court properly reflect the outcome of the case. Furthermore, if the accused person requests it, the judge is required to make out and deliver to them a certified copy of the order. This provision is important because it allows the accused person to have a physical record of the court's decision in order to provide proof of their innocence in future legal proceedings and to clear their name if necessary. Overall, this provision is an important protection for accused persons in the Canadian justice system. It ensures that once an accused person is found not guilty, they cannot be subject to any further proceedings in relation to that specific offense. It also ensures that the records of the court accurately reflect the decision and that the accused person has a physical record of their acquittal if necessary. However, it is important to note that this provision only applies to cases tried under Part XXI of the Criminal Code of Canada. Part XXI deals with summary conviction offenses and procedures. This provision does not apply to cases tried under other Parts of the Criminal Code, such as indictable offenses, where different procedures and rules may apply. In conclusion, section 570(2) of the Criminal Code of Canada plays an essential role in ensuring that the rights of accused persons are protected and that the legal system operates fairly. It provides a clear and straightforward procedure for acquittal in the event of a not-guilty verdict and serves to ensure that the records of the court are accurate and complete.
Section 570(2) of the Criminal Code of Canada is an important provision that outlines the responsibility of judges to immediately acquit a defendant who is found not guilty of an offense. This section is aimed at safeguarding the fundamental rights of accused persons and ensuring that innocent individuals are not unjustly punished or subjected to ongoing legal proceedings. In order to effectively navigate this provision, there are a number of strategic considerations that should be taken into account. One important consideration is the timing of the order. Judges must issue the order of acquittal immediately after the verdict is announced. This means that defendants and their legal teams must be prepared to act quickly and ensure that the judge is aware of their desire for an acquittal. Failure to do so may result in delays and additional legal proceedings that could be costly and time-consuming. Another important consideration is the form of the order itself. Section 570(2) stipulates that the order must be in Form 37 of the Criminal Code of Canada. This means that defendants and their legal teams must be familiar with this form and ensure that it is completed properly. Any errors or omissions in the order of acquittal could lead to further legal complications or challenges, so it is essential to get it right the first time. Additionally, defendants may wish to consider requesting a certified copy of the order of acquittal. This can be useful for a number of reasons, including for making future legal arguments or for presenting evidence of the acquittal to potential employers or other entities. Defendants should make this request to the judge or provincial court judge as soon as possible in order to ensure that they receive their certified copy promptly. There are also a number of strategic considerations that defendants and their legal teams may employ in order to maximize the benefits of Section 570(2). For example, defendants may wish to explore the possibility of pursuing a plea bargain or other negotiated settlement in order to avoid the risks and uncertainty of a full trial. This can be particularly beneficial if there is a strong likelihood of being acquitted based on the available evidence. Another strategy is to work closely with legal counsel to ensure that all evidence and arguments are properly presented and that the case is argued effectively. This can include exploring various legal theories or defenses and developing a strong case strategy from the outset. Defendants should also be prepared to respond to the prosecution's arguments and evidence and to anticipate their tactics in order to counter them effectively. In conclusion, Section 570(2) of the Criminal Code of Canada is a crucial protection for defendants who have been found not guilty of an offense. By understanding the strategic considerations involved in navigating this provision and by employing effective legal strategies, defendants can maximize their chances of success and safeguard their fundamental rights.