INTRODUCTION AND BRIEF DESCRIPTION
Accused can admit a fact alleged against them to avoid the need for proof on trial for an indictable offence.
SECTION WORDING
655 Where an accused is on trial for an indictable offence, he or his counsel may admit any fact alleged against him for the purpose of dispensing with proof thereof.
EXPLANATION
Section 655 of the Criminal Code of Canada is a provision that enables an accused person, or their legal counsel, to make an admission of guilt for an indictable offense being tried in court. Essentially, it allows for the admission of any fact that the prosecution is alleging against the defendant, which can be used to do away with the need for further evidence and streamline the legal process. Specifically, this section allows for a plea of guilty at a preliminary hearing, without the need for the Crown to introduce documentary or other evidence. It also permits an accused person to admit to certain facts that they are alleged to have committed, which is commonly referred to as a stipulation of fact." By doing so, the prosecution and defense can minimize the amount of time and resources that would otherwise be spent on proving those facts in a trial. However, it is important to note that an admission made under section 655 does not necessarily mean a guilty plea has been entered. It is simply an admission of the factual basis of the charge or charges being faced. A guilty plea can still be entered separately, and the judge would make a determination of guilt based on the evidence presented. Overall, section 655 is an important aspect of the Canadian justice system that can help to expedite court proceedings and avoid unnecessary delays. However, it is also important to ensure that the rights of the accused are protected and that any admission made is done so voluntarily and with a clear understanding of the legal consequences.
COMMENTARY
Section 655 of the Criminal Code of Canada grants the accused and their counsel the ability to admit to any fact alleged against them for the purpose of dispensing with proof. This section of the Code is important for a number of reasons, both for the legal system as a whole and for the individuals involved in criminal trials. Firstly, Section 655 allows for more efficient and expedient criminal trials. The admission of certain facts by the accused or their counsel can eliminate the need for lengthy and often costly trials. By admitting to certain facts alleged against them, the accused can avoid having to dispute their guilt or innocence at trial. This can save valuable court and judicial resources, and can also provide closure to victims and their families. Furthermore, the ability to admit facts can also allow for a more nuanced and fair approach to sentencing. By admitting to certain facts, the accused can demonstrate remorse or a willingness to take responsibility for their actions. This can be taken into account by judges when determining an appropriate sentence, and can result in more lenient sentencing outcomes. However, it is important to note that the admission of facts under Section 655 does not mean that the accused is admitting guilt for the entire offence. Rather, it simply means that they are admitting to certain facts, which may or may not be relevant to their guilt or innocence. As such, it is up to the prosecution to prove beyond a reasonable doubt that the accused committed the offence in question. Additionally, Section 655 must be balanced with the rights of the accused to a fair trial. While admitting to certain facts can streamline the trial process, it is important that the accused is not pressured or coerced into making such admissions. The accused must fully understand the implications of admitting to certain facts, and must be given ample opportunity to consult with legal counsel before making any admissions. In conclusion, Section 655 of the Criminal Code of Canada allows for a more efficient and fair approach to criminal trials. By providing the accused and their counsel with the ability to admit facts alleged against them, the trial process can be streamlined and more nuanced sentencing outcomes can be achieved. However, it is important to balance this section with the rights of the accused to a fair trial, and to ensure that any admissions are made voluntarily and fully understood by the accused.
STRATEGY
Section 655 of the Criminal Code of Canada empowers an accused of an indictable offence to admit any alleged facts for the purpose of dispensing with proof. The section allows an accused or their counsel to make tactical decisions that could potentially save time, costs, and energy during trial proceedings. However, the strategic considerations and strategies employed for the admission of alleged facts under this section should be carefully assessed with the guidance of experienced criminal defence lawyers. This essay will provide an analysis of the strategic considerations and the strategies that could be employed when dealing with section 655 of the Criminal Code of Canada. The admission of facts under Section 655 involves a delicate balance between the interests of the accused and the prosecution. The accused may admit to some facts to avoid the need for the prosecution to present evidence for those facts, thereby, expediting proceedings and, in most cases, help to reduce the charges or sentence. The prosecution may also be interested in the admission of certain facts as it saves them time, money, and other resources while increasing the likelihood of securing a conviction. One strategic consideration when dealing with section 655 is the relevance of the admitted fact to the prosecution's case. If the admitted fact is crucial to the prosecution's case, then the prosecution may not accept the admission, and the accused may have to rely on other defences. Conversely, if the admitted fact does not significantly affect the prosecution's case, then the prosecution may agree to the admission, reducing the costs and time of the trial. Another strategic consideration when dealing with section 655 is the credibility of the evidence. If the prosecution's evidence is unreliable or inadmissible, the admission of an alleged fact may not be necessary as the case may be weak, and the defence may be better suited to exploiting that weakness. The accused and their counsel may choose to admit a fact to preserve credibility in front of the court. Admitting to certain facts without the need for proof during the trial may show that they are being cooperative, and this could help to temper any negative perceptions or biases that could arise during the trial. The accused and their counsel must also consider the potential consequences of an admission of fact under section 655. If the admitted fact contradicts a strong defence or opens up avenues of attack for the prosecution, then the admission may have a more damaging effect, leaving the accused in a worse position than they were previously. In terms of strategies that could be employed when dealing with section 655, a key approach is to use the admission of alleged facts to limit the number of charges or reduce the sentence. By admitting to some facts, the accused may cast doubt on others that are more critical to the prosecution's case. This could affect the charges that are laid and the decision of the judge concerning sentencing, whether to acquit or reduce the sentence. Another effective strategy is to consider timing when making an admission. If an accused chooses to admit a fact early in the trial, it could help clarify the issues and potentially lead to a settlement, saving both parties time and resources. Conversely, an admission later in the trial may limit the legal options available to the defence, leaving them more vulnerable and exposed. In conclusion, the admission of an alleged fact under section 655 of the Criminal Code of Canada is an effective tool that can help to reduce the time, costs, and energy required in the trial. However, the strategic considerations and strategies employed must be carefully balanced to ensure that the admission of facts benefits the defence. Experienced criminal defence lawyers can help the accused and their counsel to navigate this complex process. They can help weigh the potential consequences of an admission of fact, assess the credibility of evidence, and make informed strategic decisions that will help to achieve a favourable outcome.