section 800(1)

INTRODUCTION AND BRIEF DESCRIPTION

This section states that when the prosecutor and defendant are present for trial, the summary conviction court must hold the trial.

SECTION WORDING

800(1) Where the prosecutor and defendant appear for the trial, the summary conviction court shall proceed to hold the trial.

EXPLANATION

Section 800(1) of the Criminal Code of Canada sets out the requirements for a trial in a summary conviction court. A summary conviction court is a lower court that hears less serious criminal charges, and typically imposes less severe penalties than other courts. This section specifies that if both the prosecutor and the defendant are present at the trial, the summary conviction court must proceed with the trial. This means that if the defendant fails to appear, the trial cannot go ahead and a warrant can be issued for their arrest. Similarly, if the prosecutor is absent, the trial cannot be conducted and may have to be rescheduled. The purpose of this section is to ensure that trials in summary conviction courts are conducted in a timely and efficient manner. By requiring the presence of both the prosecutor and defendant, the court is able to proceed with the trial without delays or adjournments, and ensure that justice is served in a timely manner. Overall, section 800(1) of the Criminal Code of Canada plays an important role in the criminal justice system by establishing the procedure for trials in summary conviction courts and ensuring that those procedures are followed.

COMMENTARY

Section 800(1) of the Criminal Code of Canada outlines the procedure for conducting a summary conviction trial in the presence of both the prosecutor and the defendant. It is a critical provision of the Code as it sets the stage for the trial to commence. The summary conviction court is a lower court that is utilized for less serious offences. Its jurisdiction is limited to offences where the maximum penalty does not exceed two years of imprisonment or a fine of $5,000. Summary conviction proceedings are intended to be expedited and less formal than indictable offence proceedings, which are tried before a judge and jury. When the prosecutor and the defendant appear for trial, the summary conviction court is mandated to commence the trial. This means that once both parties are present in court, all the formalities and protocols required for the trial are put in motion without further delay. The purpose of this provision is to ensure that the trial is conducted efficiently and that both the prosecutor and the defendant have an equal opportunity to argue their respective cases. If the trial does not proceed promptly, it can lead to unnecessary delays, backlogs in the court system, and increased costs. Section 800(1) is, therefore, integral to the functioning of the justice system. Moreover, the provision is significant because it ensures that the defendant's right to a fair trial is respected. The right to a speedy trial is enshrined in section 11(b) of the Charter of Rights and Freedoms, which requires trials to be held within a reasonable time. Section 800(1) of the Criminal Code is consistent with this Charter provision by obligating the court to proceed with the trial as soon as both parties are present. It should be noted, however, that the provision only applies when both the prosecutor and the defendant appear in court. If either the prosecutor or the defendant is absent, the court cannot proceed with the trial. This is because both parties must be present for the trial to be conducted fairly. In conclusion, section 800(1) of the Criminal Code of Canada is a critical provision that ensures the prompt and efficient conduct of summary conviction trials. By obligating the court to hold the trial once both parties are present, the provision guarantees the defendant's right to a speedy trial and ensures the proper functioning of the justice system.

STRATEGY

Section 800(1) of the Criminal Code of Canada outlines the general rule that a summary conviction court must proceed with a trial when both the prosecutor and defendant appear. Handling such trials requires strategic considerations, and strategic decisions have to be made before, during, and after the trial. One critical consideration is preparation. Preparation involves gathering the necessary evidence, planning the trial strategy, and meeting with witnesses. Adequate preparation ensures that the prosecution has enough evidence to prove their case. Additionally, pre-trial conferences with the prosecutor can help resolve any issues before going to court, including determining witnesses' availability and reaching plea agreements. Another strategic consideration is the selection of a competent lawyer. Defendants are entitled to legal representation. A qualified lawyer has knowledge of the law and can analyze the evidence to determine the accused's best defense strategy. The lawyer can assess the strengths and weaknesses of the prosecution case and advise on the best course of action. Choosing a skilled lawyer is therefore crucial in obtaining a favorable outcome. To maximize chances of success, the defense must also consider the judge's personality and demeanor. Different judges have different temperaments, styles, and beliefs. Knowing the judge who will be overseeing the case can help the defense tailor their arguments while anticipating what the judge will focus on. A good lawyer will also make an effort to prevent any biases from the judge from affecting the proceedings. Another tactical consideration is the utilization of plea bargaining. A plea bargain is an agreement between the prosecutor and the accused. The accused agrees to plead guilty, and in exchange, the prosecution offers a reduced charge, or a reduced sentence, or both. This type of agreement can avoid trials and save everyone time and money. Plea bargaining can also ensure the defendant receives a lighter sentence and avoids a permanent criminal record if there is not enough evidence to win the case. In conclusion, there are many strategic considerations in dealing with section 800(1) of the Criminal Code of Canada. These considerations encompass all stages of the trial, from preparation, lawyer selection, and plea bargaining. In all, the goal should be to obtain the best possible outcome under the circumstances and remember that anything can happen in court, even when proceeding under this section.