INTRODUCTION AND BRIEF DESCRIPTION
808(1) Where the summary conviction court dismisses an information, it may, if requested by the defendant, draw up an order of dismissal and shall give to the defendant a certified copy of the order of dismissal.
Section 808(1) of the Criminal Code of Canada deals with the dismissal of charges against an accused person in a summary conviction court. The purpose of this section is to provide a remedy to the accused when the charges against them are dismissed. The section stipulates that the court may draw up an order of dismissal upon request by the defendant, and must provide a certified copy of the order to the defendant. Dismissal of charges can occur for various reasons, including lack of evidence or violation of the accused individual's rights. The summary conviction court is a lower court that deals with less serious criminal offences. The dismissal of an information is a common occurrence in summary conviction cases, and it is important that the accused is aware of their rights and the legal process. The provision of a certified copy of the dismissal order ensures that the accused has proof of the dismissal, which may be crucial in situations where the individual's reputation or future may be in jeopardy. The dismissal of charges does not necessarily mean that the individual is innocent, but rather that the prosecution lacked sufficient evidence to convict them. In summary, Section 808(1) of the Criminal Code of Canada provides an important remedy for accused individuals who have had charges dismissed in a summary conviction court. By providing a certified copy of the dismissal order, the section ensures that the rights of the accused are protected and that they have proof of the dismissal.
Section 808(1) of the Criminal Code of Canada provides guidance on the action that can be taken by a summary conviction court when an information is dismissed. According to this section, if the court dismisses an information, it may, upon request, draw up an order of dismissal and provide a certified copy of the order to the defendant. The purpose of this section is to ensure that defendants who have been acquitted of criminal charges have a tangible document that attests to their innocence. This is an important aspect of due process and ensures that a person's reputation is not unfairly tarnished by allegations of criminal conduct. It also serves as a record for the defendant which they can use in case of future legal proceedings. Furthermore, this section ensures that the dismissal of the information is properly recorded and documented. This is important for maintaining the integrity of the criminal justice system and providing transparency in its operations. It also prevents situations where similar charges are brought against a defendant on false; new charges cannot be brought against a person for the same incident. Another benefit of this section is that it allows defendants to exercise their right to access information about their case. The certified copy of the order of dismissal provided to the defendant is an official document that can be used to confirm that the charges were dismissed. This can be important in cases where defendants are required to disclose prior criminal convictions or charges in certain circumstances, such as when applying for certain jobs. However, it is important to note that this section applies only to cases where the summary conviction court dismisses an information. Dismissal by a higher court or on appeal does not trigger the same obligation. Additionally, the section is subject to certain restrictions concerning the confidentiality of information such that the court has to ensure that the information is legally obtained. In summary, Section 808(1) of the Criminal Code of Canada recognizes the importance of providing defendants with a certified copy of the order of dismissal upon the dismissal of an information by a summary conviction court. This section serves as a safeguard for defendants' rights and ensures that their innocence is properly documented. It also serves to promote transparency and accountability in the criminal justice system.
Section 808(1) of the Criminal Code of Canada provides a mechanism for a defendant to obtain a certified copy of an order of dismissal if their information has been dismissed by the summary conviction court. This section has several strategic considerations that defendants and their counsel should be aware of when pursuing this option. Firstly, obtaining a certified copy of the order of dismissal may be important for a defendant's future legal proceedings. For example, if the defendant is charged with the same offence in the future, they can use this copy to show that the charges were previously dismissed. This can be an important factor when it comes to sentencing and can lead to a more lenient penalty. Secondly, obtaining a certified copy of the order of dismissal can also be useful for defendants who have concerns about their reputation. By having a record of the dismissal, defendants can show that they were not found guilty of a particular offence. This can be important for individuals who work in sensitive positions or hold public office. Another strategic consideration when dealing with section 808(1) of the Criminal Code is timing. Defendants should consider whether they want to request a certified copy of the order of dismissal immediately or wait until their legal proceedings have concluded. If they wait too long, they may miss the opportunity to obtain the necessary documentation. Defendants should also consider whether they want to request a certified copy of the order of dismissal in person or via mail. While requesting a copy in person may be more expensive, it may also be faster and can allow defendants to speak with court staff about any questions or concerns they may have. Additionally, defendants should consider how they will use the certified copy of the order of dismissal. Will they keep it for their own personal records or will they provide it to their employer or other interested parties? Knowing how the document will be used can help determine the most appropriate method for obtaining the copy. When pursuing a certified copy of the order of dismissal, defendants may also consider enlisting the help of a lawyer. A lawyer can provide guidance on the best approach to take and may be able to negotiate the timing or cost of obtaining the document with court staff. Overall, the strategic considerations when dealing with section 808(1) of the Criminal Code of Canada are primarily focused on timing, method of request, and the intended use of the certified copy of the order of dismissal. By carefully considering these factors, defendants can ensure they are making informed decisions that are in their best interests.