section 598(2)

INTRODUCTION AND BRIEF DESCRIPTION

An accused who cannot be tried by a judge and jury can choose to be tried by a judge without a jury under certain conditions.

SECTION WORDING

598(2) An accused who, under subsection (1), may not be tried by a court composed of a judge and jury is deemed to have elected under section 536 or 536.1 to be tried without a jury by a judge of the court where the accused was indicted and section 561 or 561.1, as the case may be, does not apply in respect of the accused.

EXPLANATION

Section 598(2) of the Criminal Code of Canada outlines the process for a defendant who is not eligible for a trial by judge and jury and wishes to be tried without a jury. In such cases, the accused is deemed to have made a choice under section 536 or 536.1 of the Code to be tried without a jury by a judge of the court where the indictment has been filed. This is a critical provision of the Code, as it ensures that every accused person has a fair trial, regardless of the circumstances. This provision is applicable in specific circumstances, such as when the offence in question is punishable by a maximum of five years' imprisonment or less, the defendant has the option to be tried by the court composed of a judge alone. However, in some cases, judges may have to determine whether to order a trial by jury or judge alone if the circumstances are unclear. Section 561 or 561.1 of the Criminal Code of Canada gives the judge the discretion to allow the accused to be tried for some offences by a judge and jury, even if they would not usually qualify for a jury trial. However, this does not apply when the accused is subject to Section 598(2) of the Code. In conclusion, Section 598(2) of the Criminal Code of Canada ensures that every accused person receives a fair trial, even when they are not eligible for a trial by judge and jury. It is a critical provision for ensuring the fairness and integrity of the Canadian criminal justice system.

COMMENTARY

Section 598(2) of the Criminal Code of Canada deals with the rules for trial by judge and jury in criminal cases. This section provides that in certain circumstances, an accused person may be tried without a jury, by a judge alone. According to section 598(1) of the Criminal Code, an accused person may not be tried by a judge and jury if they have been charged with an offence that carries a maximum penalty of less than five years' imprisonment. Instead, they must be tried by a judge alone. In such cases, section 598(2) provides that the accused person is deemed to have elected to be tried by a judge alone, pursuant to sections 536 or 536.1 of the Criminal Code. This means that they will not have the option of having a jury trial. However, section 561 or 561.1 of the Criminal Code, which deal with challenges for cause of prospective jurors, do not apply in cases where the accused person has elected to be tried by a judge alone under section 598(2). The reason why an accused person may not be entitled to a jury trial in certain cases is to ensure the efficient and effective administration of justice. Jury trials can be time-consuming and expensive, and may not be necessary in cases where the charges are relatively minor. In addition, jury trials are not always appropriate for certain types of cases, such as those involving complex legal or factual issues. In such cases, it may be more appropriate to have the matter heard by a judge alone, who is trained and experienced in the law. However, there are some potential drawbacks to trials by judge alone. For example, some accused persons may feel that their rights have been infringed if they are denied a jury trial. Jury trials are seen as a fundamental feature of the Canadian criminal justice system, and are often viewed as providing an important safeguard against the potential bias of judges. Furthermore, there may be concerns about transparency and accountability in cases where the judge is the sole decision-maker. Jury trials are seen as providing a level of openness and public scrutiny that is not always present in cases where the decision is made by a judge alone. Overall, section 598(2) of the Criminal Code of Canada reflects a balance between the need for efficiency and the importance of protecting the rights of accused persons. It provides a framework for determining whether a trial by judge alone is appropriate in certain cases, while ensuring that defendants are not unfairly denied the right to a jury trial.

STRATEGY

Section 598(2) of the Criminal Code of Canada is a critical provision for the accused and their legal counsel when they have been charged with an offence that requires a jury trial. This provision outlines that if the accused does not qualify for a trial by judge and jury, then they must be tried by a judge alone. In this circumstance, it is crucial for the accused and their legal counsel to consider strategic approaches to the case. The first strategic consideration is to fully understand the reasons why the accused is not eligible for a jury trial. For example, if the nature of the offence is such that a jury may be inclined to deliver a harsher verdict than a judge, then the accused may prefer to be tried by a judge alone. Similarly, if the accused has a poor public image or is subject to media scrutiny, then a trial by judge alone may be more favourable. Understanding the reasons behind the eligibility for a trial by judge alone is essential to determine whether or not this strategy is in the best interest of the accused. Another strategic consideration is to assess the strengths and weaknesses of the case. A trial by judge alone may be favourable if the evidence against the accused is weak and the legal counsel believes that a jury may be more likely to convict. Alternatively, if the prosecution has a strong case, a judge alone may be less favourable, as a judge may be less likely to be swayed by a sympathy plea from the accused. Thus, assessing the strengths and weaknesses of the case is crucial to determine the best approach to take. A further consideration is the experience and personality of the trial judge. In a judge-alone trial, the judge is the sole decision-maker and has the power to determine the guilt or innocence of the accused. Therefore, it is important to review the previous judgments of the trial judge to assess their views on similar matters and determine their potential for bias or impartiality. If the judge has previous rulings that are favourable to the accused, this may be a strategic factor in choosing a trial by judge alone. Similarly, if the judge has been known for being harsh in similar cases, a trial by judge alone may be less appealing. Finally, it is important to weigh the benefits of a trial by judge alone against the possible negative public perceptions that may arise from such a trial. If the accused and their legal counsel believe that a trial by judge alone is the best course of action, they must prepare a strong defense to present in front of the judge, given that the public will not be privy to the deliberations of a jury. In conclusion, Section 598(2) of the Criminal Code of Canada provides accused individuals with the possibility of a Judge-alone trial when they do not qualify for a jury trial. However, there are various strategic considerations that must be taken into account in deciding whether or not to pursue this option. Assessment of the strengths and weaknesses of the case, analyzing the experience and personality of the trial judge, and considering public perceptions are some of the critical strategies that need to be employed. Ultimately, a careful evaluation will help the accused and their counsel determine the best approach to pursue, based on the specific circumstances of the case.