Order for Cross-Examination Counsel (Precedent)

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Order

See also: Cross-Examinations#Cross-Examination by Self-Represented Accused

Style of cause

C A N A D A File# ________________
PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL OF COURT] OF [PROVINCE]
([name] Region)

BETWEEN:

HIS MAJESTY THE KING

– and –

[ACCUSED NAME]

ORDER
(Section 486.3(2) of the Criminal Code)

Before the Honourable Judge/Justice Presiding:

WHEREAS the accused, [accused name], has been charged that [on or about/between] [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code;

AND WHEREAS the trial for these outstanding charges is currently scheduled to begin before the [level of court] on [date] at [time] before a [indicate wether inferior/superior judge or a jury].

AND WHEREAS the scheduled trial relates to one or more offences enumerated under s. 486.3(2) of the Criminal Code, which permits the Court to prohibit the accused from personally cross-examining a complainant or witness.

UPON THE APPLICATION made by counsel for His Majesty the King, [name of counsel], for an Order to prohibit the personal cross-examination of the witness, [name];

UPON BEING SATISIFIED that the proper administration of justice does not require the accused to personally conduct the cross-examination of the witness;

IT IS ORDERED that:

the accused be prohibited from personally examining [name of witness] and
Counsel is appointed to conduct the cross-examination of the named complainant/witness.

DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.

_________________________________________________ Judge of the [Level] Court of [Province]

[Internal File Coding]