CRIM 330 Lecture Notes - Lecture 5: Mellenthin, Frisking, Police Dog
Document Summary
Sworn statement by an informant (usually police) Basis for preliminary hearing in prov ct. In bc and quebec, crown counsel are responsible for alying charges. In nb, police lay charges after receiving advice from the crown. In all other provinces, the police lay charges. The charging process starts after police submit a report to the crown counsel (rtcc) containing . Must be an honest belief in the accused"s guilt. In determining whether a charge is to be approved for prosecution, prosecutors examine the evidence. Pre-charge approval (bc standard) provided to determine . Whether prosecution is in the public interest. A substantial likelihood of conviction exists where the prosecutor is satisfied there is a strong case of substance to present to the court. In determining whether this standard is satisfied, the prosecutor must determine : what material evidence is likely to be admissible, the weight to be attached to admissible evidence, viable but not speculative defences.