section 645(1)

INTRODUCTION AND BRIEF DESCRIPTION

Accuseds trial must continue without interruption, except as ordered by the court.

SECTION WORDING

645(1) The trial of an accused shall proceed continuously subject to adjournment by the court.

EXPLANATION

Section 645(1) of the Criminal Code of Canada highlights the importance of the continuity of a trial in the criminal justice system. It establishes the requirement that a trial must proceed without interruption, except when adjournment is necessary at the discretion of the court. This provision ensures that justice is served in a timely and efficient manner while also protecting the rights of the accused. The principle of continuity in a trial means that once a case has started, it must be completed without unnecessary delays. This is particularly important in criminal trials, where the accused may be held in custody awaiting trial, and a prolonged trial can cause significant stress and anxiety for all parties involved. Section 645(1) seeks to safeguard against undue delays in the trial process that can cause hardship to the accused or witnesses, affect the integrity of the evidence, or compromise the public interest in the administration of justice. The court has the discretion to adjourn a trial when it is necessary and in the interests of justice. For example, adjournment may be necessary due to the illness of the accused or a witness, the unavailability of evidence, or a procedural issue that requires resolution. In these cases, it is necessary to ensure that the adjournment is for a reasonable time and that the trial continues as soon as possible. Overall, section 645(1) underscores the importance of ensuring that criminal trials proceed without undue delay while guaranteeing fairness and justice to all involved.

COMMENTARY

Section 645(1) of the Criminal Code of Canada outlines the fundamental expectation that criminal trials should proceed continuously, subject to adjournment by the court. This provision serves as a critical safeguard against unnecessary delays and unjustified interruptions during the trial process. The importance of this section cannot be overstated, as it affects the rights and liberties of the accused, the interests of the victims, and the integrity of the criminal justice system as a whole. The continuous trial principle is crucial for several reasons. First and foremost, it upholds the right of the accused to a fair and speedy trial, as guaranteed by section 11(b) of the Charter of Rights and Freedoms. This right ensures that an accused person should be brought to trial within a reasonable time, without undue delay or pre-trial detention. The continuous trial principle ensures that the trial process is not unnecessarily prolonged, and that the accused's liberty is not unduly restricted. Moreover, the continuous trial principle is essential for ensuring the proper administration of justice. It helps to prevent the loss or fading of key evidence that is necessary for determining guilt or innocence. It also promotes transparency and accountability in the criminal justice system, as it ensures that trials are conducted in a timely manner, without unnecessary delays or disruptions. Despite its importance, the continuous trial principle is not an absolute guarantee. The courts may adjourn proceedings where necessary, to accommodate unforeseen circumstances such as illness, emergencies, or logistics. However, these adjournments should be limited to what is reasonable and necessary, taking into account the interests of all parties involved. In some cases, the continuous trial principle may be compromised or undermined. For instance, lengthy pre-trial delays, lack of court resources, or the complexity of a case may result in protracted trials that exceed reasonable time frames. Such delays may be unacceptable, as they can impair the accused's right to a fair and speedy trial, create undue stress and hardship for the accused and victims, and erode public confidence in the justice system. In many jurisdictions, efforts are underway to address these issues through court reform, improved case management, and other measures aimed at accelerating the trial process while ensuring fairness and due process. The interpretation and application of the continuous trial principle has evolved over time, and may vary across jurisdictions and cases. However, its underlying purpose remains essential to protecting the rights and interests of all those involved in the criminal justice system. It serves as a reminder that the trial process should be conducted expeditiously, with a view to achieving justice for all.

STRATEGY

Section 645(1) of the Criminal Code of Canada provides that the trial of an accused shall proceed continuously, subject to adjournment by the court. This means that once a trial has commenced, it should continue without unnecessary delays until it is concluded. However, there are certain strategic considerations that lawyers need to keep in mind when dealing with this section of the Criminal Code. One of the main considerations is the requirement for the accused to have a fair trial. This means that the accused must have an opportunity to present his or her case and challenge the evidence presented by the prosecution. Therefore, lawyers need to ensure that they have enough time to prepare their case and make effective arguments in court. Another strategic consideration is the possibility of adjournments by the court. Although the trial should proceed continuously, the court may grant adjournments in certain circumstances, such as when a witness is not available or when new evidence is discovered. Lawyers need to anticipate these situations and be prepared to make submissions to the court to ensure that their client's rights are protected. In addition, strategic considerations include the need for effective communication with the client, the prosecutor, and the court. Lawyers need to communicate clearly with their client about the trial process, the possible outcomes, and any developments in the case. They also need to communicate effectively with the prosecutor and the court to ensure that all procedural requirements are met and all necessary evidence is disclosed. Strategies that could be employed to ensure that the trial proceeds continuously include: 1. Proper case management: Lawyers need to carefully plan and manage the trial process, including the presentation of evidence, the examination of witnesses, and the making of legal arguments. This will help to ensure that the trial proceeds efficiently and without unnecessary delays. 2. Use of technology: Lawyers could use technology to streamline the trial process, such as by presenting evidence electronically or conducting video conferencing with witnesses who are not able to attend court in person. 3. Preparation of witnesses: Lawyers need to prepare their witnesses thoroughly before they testify in court. This will help to ensure that the evidence is presented clearly and efficiently, which can contribute to keeping the trial moving. 4. Effective communication with the court: Lawyers need to communicate effectively with the court, especially regarding any adjournments that may be required. By providing clear and timely information to the court, lawyers can help to ensure that the trial proceeds smoothly. In conclusion, strategic considerations play a key role in ensuring that the trial of an accused proceeds continuously under section 645(1) of the Criminal Code of Canada. By carefully managing the trial process, communicating effectively with clients, prosecutors, and the court, and using technology where appropriate, lawyers can help to ensure that their clients receive a fair trial and that justice is served.