INTRODUCTION AND BRIEF DESCRIPTION
If the writings and exhibits have not been returned to the court, the person obtaining an order to change the place of trial must serve a copy to the custodian who must then transmit them to the new court.
SECTION WORDING
599(5) Where the writings and exhibits referred to in subsection (4) have not been returned to the court in which the trial was to be held at the time an order is made to change the place of trial, the person who obtains the order shall serve a true copy thereof on the person in whose custody they are and that person shall thereupon transmit them to the clerk of the court before which the trial is to be held.
EXPLANATION
Section 599(5) of the Criminal Code of Canada outlines the procedures that must be followed when there is a change of venue in a criminal trial. The section deals specifically with the transfer of written materials and exhibits related to the trial. When a change of venue is ordered, the person who obtains the order is responsible for serving a true copy of the order to the individual who has custody of the written materials and exhibits related to the trial. This typically refers to the prosecutor or the court clerk handling the case. The recipient of the order is then required to transmit these materials to the clerk of the court where the trial is now being held. This ensures that all relevant information and evidence is available at the new location, allowing the trial to proceed without delay or complications. It is worth noting that failure to follow the procedures outlined in Section 599(5) can have serious consequences. If the materials and exhibits are not properly transferred, the trial could be delayed, potentially causing harm to both the defendant and the legal system as a whole. As such, it is important for all parties involved to ensure that they understand and comply with the requirements of this section.
COMMENTARY
Section 599(5) of the Criminal Code of Canada reflects the importance of fair trial proceedings in the Canadian legal system. This section specifically deals with the handling of writings and exhibits in cases where the place of trial is changed. The section prescribes a straightforward process for managing the transfer of writings and exhibits in cases where a change of venue is ordered. The person who obtains the order for a change of venue is responsible for serving a copy of the order on the person who has custody of the writings and exhibits. It is then the responsibility of the person who has custody of the materials to transmit them to the clerk of the court to which the trial has been relocated. The section underscores the significance of having all relevant materials available for trial proceedings. The writings and exhibits included in this section may be crucial pieces of evidence in the case and their mishandling or loss could undermine the fairness of the trial. Ensuring that these materials are properly transferred to the appropriate court avoids unnecessary delays or complications in the trial process. Another noteworthy aspect of this section is its focus on the obligation of various parties involved in the trial proceedings to cooperate in carrying out the transfer of the materials. It highlights the responsibilities of the person who obtains the order for change of venue and the person with custody of the materials. By emphasizing these obligations, the section reinforces the principle of cooperation and mutual respect between the parties in a case, even if they are on opposing sides. Overall, section 599(5) is a critical component of the Canadian criminal justice system as it provides a framework for the seamless transfer of crucial trial materials in cases where the location of the trial has changed. This ensures that the rights of the accused are protected, and the trial proceedings are conducted fairly. The section's clarity and simplicity ensure that everyone involved can follow the procedures quickly and with ease, minimizing room for error or disputes.
STRATEGY
Section 599(5) of the Criminal Code of Canada is a provision that deals with the transfer of writings, documents, and exhibits from one court to another when the place of trial is changed. This section is important to consider strategically because it sets out the process and obligations involved in transferring evidence and documentation, which can have a significant impact on the outcome of a trial. As such, there are several strategic considerations to bear in mind when dealing with this section of the Criminal Code. The first strategic consideration is timing. According to this section, if the documents and exhibits have not been returned to the court at the time the order to change the place of trial is made, the person obtaining the order must serve a true copy on the custodian of the documents and exhibits, who must then transmit them to the clerk of the court where the trial will be held. Failing to comply with this provision or doing so too late could lead to the exclusion of critical evidence, which could negatively impact the prosecution or defense's case. The second strategic consideration is communication. The order to change the place of trial must be communicated to all relevant parties, including the custodian of the documents and exhibits. Failure to do so could result in delays or complications in the transfer of evidence, which could again negatively affect the outcome of the trial. The third strategic consideration is security. Writings, documents, and exhibits are often considered crucial to a case and must be well-protected. When transferring these items, it is important to ensure that they are being sent to the correct person and that they are appropriately secured during the transfer process to avoid loss or damage. Strategies that could be employed when dealing with this section of the Criminal Code include early and frequent communication with relevant parties, ensuring that all documentation and exhibits are properly labeled and secured during the transfer process, and double-checking that all necessary steps have been taken to ensure that the evidence is admissible in court. In conclusion, Section 599(5) of the Criminal Code of Canada is an essential provision that outlines the process for transferring evidence and documentation when the place of trial is changed. Strategic considerations such as timing, communication, and security should be taken into account to ensure a smooth and effective transfer process that does not negatively impact the outcome of the trial.