Law 2101 Lecture Notes - Lecture 6: Arbitrary Arrest And Detention, Strip Search, Summary Offence
8 Dec 2016
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Defence: normally performed by private lawyers paid personally by the accused or by legal. Trials: most trials are before judge alone in ontario court of justice, some more serious charges are before judge alone or judge and jury in superior. Accused normally has the option of judge alone or judge and jury. Accused normally has the right to have a preliminary inquiry. Court process meant to screen out the frivolous prosecutions and afford the accused an opportunity to probe the crown"s case. If a preliminary inquiry is held, the trial occurs in superior court. Gives the opportunity for the accused"s side to ask questions of the witnesses to give the accused potential additional opportunity to test the crowns case. Arbitrary detention: this is before the police are given the power to arrest people. Have to be able to point to the objective world and prove that they have a reasonable suspicion. Tuesday, november 8, 2016: not a high standard.
