Criminal Code of Canada - section 570(3)

section 570(3)

INTRODUCTION AND BRIEF DESCRIPTION

If an accused chooses to be tried by a provincial court judge, the judge must submit the charge, adjudication memorandum, and conviction (if any) to the custody directed by the Attorney General.

SECTION WORDING

570(3) Where an accused elects to be tried by a provincial court judge under this Part, the provincial court judge shall transmit the written charge, the memorandum of adjudication and the conviction, if any, into such custody as the Attorney General may direct.

EXPLANATION

Section 570(3) of the Criminal Code of Canada deals with the procedure to be followed if an accused elects to be tried by a provincial court judge under this Part. The section states that the provincial court judge shall transmit the written charge, the memorandum of adjudication and the conviction, if any, into such custody as the Attorney General may direct. This section is important as it provides a mechanism for the transfer of important documents and evidence from the provincial court to the appropriate authorities. This is necessary to ensure that the accused is subjected to the legal process and any evidence presented is not lost or misplaced. The section also underscores the importance of the role of the Attorney General in the criminal justice system. As a government official responsible for law enforcement, the Attorney General has the authority to direct the custody of the documents and evidence presented in a criminal trial. Overall, section 570(3) is an essential part of the Criminal Code of Canada as it ensures the proper handling of documents and evidence in criminal proceedings. It emphasizes the need for due process and accountability in the criminal justice system.

COMMENTARY

Section 570(3) of the Criminal Code of Canada outlines the process for an accused who elects to be tried by a provincial court judge under Part XXVII of the Code. The section requires the provincial court judge to transmit the written charge, memorandum of adjudication, and conviction (if any) into the custody of the Attorney General as directed. This provision is significant because it empowers the Attorney General with the responsibility of determining where custody of the relevant legal documents should be kept. This may be in a physical or digital format, and the decision rests entirely with the Attorney General. The transmission of these documents is crucial to the continuation of the legal process and ensures that the outcome of the trial is recorded and preserved for future reference. The written charge outlines the specific allegations against the accused, and the memorandum of adjudication documents the decision of the provincial court judge. If an accused is convicted, a copy of the conviction must also be included in the transmission. This provision serves to emphasize the importance of transparency and accountability in the legal process. It ensures that all relevant documents are retained for future reference, ensuring that any further appeals or legal challenges can be accurately assessed and resolved. Moreover, the requirement for custody of the relevant documents to be transmitted to the Attorney General ensures that all parties involved in the legal process can rely on an impartial third party to safeguard such documents. This provides a level of assurance for both the prosecution and the defense, as well as the victim and the public, that the integrity of the legal system is maintained. In conclusion, Section 570(3) of the Criminal Code is an essential provision that ensures the preservation of important legal documents in the criminal justice system. The Attorney General's responsibility in determining where the custody of these documents should be kept serves to ensure transparency and accountability in the legal process and ensures impartiality in safeguarding the documents for future reference. This provision is a crucial element in maintaining the integrity of the legal system and poses as a source of confidence for all parties involved in the legal process.

STRATEGY

Section 570(3) of the Criminal Code of Canada establishes the procedural measures to be followed when an accused elects to be tried by a provincial court judge. This section essentially dictates what happens after the adjudication of the trial, outlining how the conviction, if any, is handled once a verdict is reached. Strategic considerations surrounding this section can have a significant impact on the outcome of a trial and can determine the best course of action to take in certain situations. One strategic consideration surrounding this section is the potential to appeal a conviction through the judicial system's higher courts. Depending on the circumstances of the trial, it may be beneficial to elect trial by a provincial court judge if one anticipates a potential conviction. By doing so, the conviction will be stored in a custody determined by the Attorney General, creating a paper trail that can be utilized if the case is later appealed. This is important because higher courts will use the information in the written charge and memorandum of adjudication to make their determinations. As such, it is critical to ensure that the information in these documents is accurate and reflective of the events that occurred during the trial. Another strategic consideration is the discretion granted to the Attorney General to determine the custody in which the conviction is to be stored. This allows the Attorney General to provide instructions to court officials as to how the conviction should be handled. For instance, he/she can instruct that the conviction should not be entered into any legal databases or that it should be stored only in the paper form, making it more difficult to track down in the future. This discretion can also be used to avoid any public relations issues if the accused is a high-profile individual or if the case is particularly controversial. One potential strategy that can be employed in relation to section 570(3) is to use it as leverage in negotiating a plea deal. In some cases, prosecutors may be willing to reduce the charges or agree to a lesser sentence in exchange for the accused's consent to have the conviction entered into a specific custody determined by the Attorney General. By negotiating in this way, the accused may be able to secure a more favourable outcome than they would otherwise receive if they went to trial and received an unfavourable verdict. It is also important to consider that the decision as to whether or not to elect to have a trial by a provincial court judge is situational and often complex. In some cases, it may make more sense to go to trial and defend oneself, while in others, pleading guilty or negotiating a plea deal might be the better option. The decision-making process must factor in the accused's background, the severity and type of charges, and the likelihood of conviction, among other things. In conclusion, while section 570(3) of the Criminal Code of Canada may seem merely procedural, it has significant strategic considerations that should not be ignored. Accused persons, their legal teams, and prosecutors should consider how this section might impact the outcome of a trial and whether or not it is in their best interests to request the conviction be stored in certain custody. Failing to do so could prove costly in the long run, especially if the case is appealed to higher courts.