INTRODUCTION AND BRIEF DESCRIPTION
This section outlines the requirements for conducting a hearing to make or review a disposition in a criminal case.
SECTION WORDING
672.5(1) A hearing held by a court or Review Board to make or review a disposition in respect of an accused shall be held in accordance with this section.
EXPLANATION
Section 672.5(1) of the Criminal Code of Canada outlines the procedures that must be followed during a hearing held by a court or Review Board to make or review a disposition in respect of an accused. This section is significant in the context of the Criminal Code of Canada as it provides clear guidelines on how hearings for accused individuals should be conducted. In essence, this section sets out the methods that must be employed by the court or Review Board during a hearing. It ensures that proceedings are conducted fairly, impartially and consistently, regardless of the nature of the charges that the accused is facing. To put it plainly, the section emphasizes the importance of ensuring that justice is served. Additionally, section 672.5(1) also states that during such hearings, the Crown and the accused have the right to make a submission and call evidence. This is vital in achieving a balanced view of the case and ultimately ensuring that all the relevant information has been considered. Furthermore, the section states that the court or Review Board must take into account any submissions and evidence presented to them before making a decision. The judge or Review Board also has the authority to request additional information to aid in their decision-making process. Finally, section 672.5(1) affirms that the primary consideration of the court or Review Board is the protection of the public, which is a central pillar of the Criminal Code. This further underscores the importance of the section in the context of the Canadian criminal justice system.
COMMENTARY
Section 672.5(1) of the Criminal Code of Canada establishes the guidelines for hearings held by a court or review board to make or review a disposition in respect of an accused. This section lays out the procedural requirements to ensure a fair and impartial hearing, where all parties involved receive equal treatment and are given an opportunity to present their case. One of the key features of this section is the requirement for a hearing to be held in accordance with the Criminal Code of Canada. This means that the hearing must follow the legal procedures outlined in the Code, ensuring that all parties are aware of their rights and responsibilities. The hearing must also be conducted in a manner consistent with the principles of fundamental justice, ensuring that the accused is given adequate time and resources to defend themselves. Another important aspect of this section is the requirement for the hearing to be held in public unless the court or review board orders otherwise. This ensures that the proceedings are transparent and open, promoting public trust and confidence in the administration of justice. However, in certain cases where privacy concerns or other considerations arise, the court or review board has the discretion to order the hearing to be held in private. Furthermore, section 672.5(1) also establishes the requirement for the hearing to consider all relevant evidence, including evidence presented by the accused, the Crown, and any witnesses. This ensures that the hearing is based on a complete and thorough understanding of the facts and circumstances of the case. The hearing must also take into account any relevant factors, such as the accused's mental state, prior criminal history, and the impact of the crime on the victim and community. Overall, section 672.5(1) of the Criminal Code of Canada is a critical provision for ensuring fair and impartial hearings in criminal cases. This section establishes guidelines for the conduct of these hearings, ensuring that all parties are treated equally and that the proceedings are conducted in accordance with the principles of fundamental justice. By implementing these safeguards, this section helps to promote public trust and confidence in the Canadian justice system.
STRATEGY
Section 672.5(1) of the Criminal Code of Canada sets out the framework for a hearing for making or reviewing a disposition in respect of an accused. This section outlines the procedures that must be followed during the hearing, including the rights of the accused and the responsibilities of the court or Review Board. When dealing with this section of the Criminal Code, there are several strategic considerations that must be taken into account. One important strategic consideration is the need to ensure that the accused's rights are fully protected throughout the hearing. This includes the right to legal representation, the right to a fair hearing, and the right to be heard. These rights must be vigorously defended at all times, and any attempt to compromise in this regard must be resisted. Another key strategic consideration is the need to carefully manage the evidence that is presented during the hearing. This includes both the evidence that is presented by the prosecution and the evidence that is presented by the defence. It is important to ensure that all evidence is credible, relevant, and reliable, and that any evidence that is excluded is done so in accordance with the rules of evidence. A third strategic consideration when dealing with Section 672.5(1) is the need to effectively communicate with all parties involved in the hearing. This includes the accused, their legal counsel, the prosecutor, and any other relevant parties. Effective communication is essential for ensuring that everyone understands the process, the evidence, and the decisions that are made during the hearing. One strategy that could be employed when dealing with Section 672.5(1) is to engage the services of an experienced criminal defence lawyer. A skilled defence lawyer can provide expert guidance and support throughout the hearing process, ensuring that the accused's rights are fully protected and that their interests are advocated for at all times. Another strategy that could be employed is to carefully build a case that supports the accused's position. This may involve gathering and presenting evidence that shows why a certain disposition is appropriate, or it may involve challenging the evidence that has been presented by the prosecution. In conclusion, Section 672.5(1) of the Criminal Code of Canada sets out the procedures that must be followed when making or reviewing a disposition in respect of an accused. When dealing with this section, it is essential to carefully consider the rights of the accused, the management of evidence, and effective communication. By employing effective strategies, it is possible to ensure that the hearing process is fair, transparent, and effective.