Criminal Code of Canada - section 651(1) - Summing up by prosecutor

section 651(1)

INTRODUCTION AND BRIEF DESCRIPTION

Counsel must declare their intention to present evidence for the accused, otherwise the prosecutor may give a closing statement.

SECTION WORDING

651(1) Where an accused, or any one of several accused being tried together, is defended by counsel, the counsel shall, at the end of the case for the prosecution, declare whether or not he intends to adduce evidence on behalf of the accused for whom he appears and if he does not announce his intention to adduce evidence, the prosecutor may address the jury by way of summing up.

EXPLANATION

Section 651(1) of the Criminal Code of Canada is a procedural requirement that applies to situations where an accused person is represented by a lawyer during a criminal trial. This provision mandates that the defence counsel should indicate whether or not they intend to present evidence on behalf of their client after the prosecution has finished presenting its case. The purpose of this provision is to ensure that the defence has a fair chance to present its evidence and arguments in support of its case. It also ensures that the prosecutor has an opportunity to address the evidence presented in the case and provide a summary of the case to the jury if the defence chooses not to present any evidence. If the defence counsel chooses to adduce evidence, they must do so in accordance with the rules of evidence and procedure. The prosecution will also have the opportunity to cross-examine the witnesses and present rebuttal evidence. If the defence chooses not to adduce evidence, the jury will still hear closing arguments from the prosecution. However, the judge will instruct the jury that the defence has not presented any evidence and that they should not infer anything from that fact. In conclusion, Section 651(1) of the Criminal Code of Canada is an important procedural requirement that ensures that both the prosecution and defence have a fair opportunity to present their case and that the jury receives all the relevant information before making a decision.

COMMENTARY

Section 651(1) of the Criminal Code of Canada provides an important mechanism for ensuring a fair trial for accused individuals who have legal representation. The provision requires defense counsel to declare whether or not they intend to adduce evidence on behalf of their client at the end of the prosecution's case. If counsel chooses not to do so, the prosecutor may address the jury by way of summing up. The purpose of this provision is to ensure that the defense has an opportunity to present its case before the prosecutor makes closing arguments to the jury. This is important because the prosecutor's closing arguments can have a significant impact on the jury's verdict. If defense counsel does not indicate their intention to call evidence, the prosecutor is free to present their case to the jury without any further input from the defense. The provision also helps to ensure that the defense presents a clear and concise case to the jury. By requiring counsel to declare their intentions at the end of the prosecution's case, the provision forces them to focus on the key issues and evidence that are most relevant to their client's defense. This can lead to a more effective and persuasive presentation of the defense case, which may increase the likelihood that the jury will acquit the accused. However, the provision has been criticized for potentially infringing on the right of the accused to a fair trial. Some commentators have argued that requiring defense counsel to indicate their intentions before the prosecution's closing arguments may place undue pressure on them to present a case, even if they do not believe it is necessary or in the best interests of their client. This could lead to ineffective or incomplete defenses that do not fully address the evidence presented by the prosecution. Additionally, the provision may place an additional burden on defense counsel, who must already balance the demands of representing their client with their ethical obligations to the court and the administration of justice. They must consider factors such as the strength of the prosecution's case, the reliability of potential defense witnesses, and the likelihood that the defense case will be successful in persuading the jury. In conclusion, Section 651(1) of the Criminal Code of Canada serves an important function in ensuring a fair trial for accused individuals. By requiring defense counsel to declare their intentions to adduce evidence, the provision encourages a clear and concise presentation of the defense case and ensures that the prosecutor's closing arguments do not unfairly prejudice the jury. However, the provision may also place an additional burden on defense counsel and potentially infringe on the right of the accused to a fair trial. As such, it is important to continually evaluate and refine the provision to ensure that it strikes an appropriate balance between these competing interests.

STRATEGY

Section 651(1) of the Criminal Code of Canada presents a number of strategic considerations for a lawyer representing an accused person. In general, this section requires defense counsel to make a decision about whether they will present evidence on behalf of their client at the end of the prosecution's case. This decision can have significant implications for the outcome of the trial, as it will determine whether the prosecutor will be able to provide a closing argument to the jury and may also affect the overall strategy of the defense. One important strategic consideration is whether or not the defense should call evidence at all. In some cases, defense counsel may feel that the prosecution has failed to meet its burden of proof and that there is no need to present a case for the defense. This may be a strategic decision based on the strength of the prosecution's case, the credibility of the witnesses, or other factors. In other cases, the defense may have a strong case to present and may want to call witnesses or present other evidence in support of their client's case. Another important consideration is whether to call evidence before or after the prosecution's case. Section 651(1) requires defense counsel to declare their intention to call evidence at the end of the prosecution's case, but this does not necessarily mean that the defense cannot call evidence earlier in the trial. Depending on the circumstances of the case, it may be advantageous to present certain evidence earlier in the trial, either to challenge the prosecution's case or to establish a defense. If the defense does decide to call evidence, they will need to carefully consider the content and presentation of that evidence. This may involve selecting witnesses who are credible and persuasive, preparing them for their testimony, and ensuring that they are able to present their evidence effectively. It may also involve preparing exhibits, such as documents or photographs, and presenting them in a way that is clear and impactful. Overall, the strategic considerations involved in making a decision about whether to call evidence under section 651(1) will depend on a range of factors, including the strength of the prosecution's case, the nature of the evidence the defense could present, and the overall strategy of the defense. Some strategies that could be employed include calling evidence early in the trial, choosing persuasive witnesses and preparing them thoroughly, and presenting evidence in a clear and impactful way. Ultimately, the decision about whether to call evidence will depend on the specific circumstances of each case and the judgment of the defense counsel.