NCJ Number
46736
Date Published
1978
Length
46 pages
Annotation
PRESENTED IN THE FORM OF DRAFT STATUTORY PROVISIONS, REFORM OF CERTAIN CRIMINAL LAW PROCEDURES BEFORE TRIAL AND AFFECTING THE TRIAL ITSELF IS RECOMMENDED.
Abstract
BASED UPON THE COMMISSION'S STUDIES AND OBSERVATIONS, REFORM IS RECOMMENDED IN PRETRIAL HEARINGS, EVIDENCE BY SOLEMN DECLARATION, ELECTIONS AND REELECTIONS OF MODE OF TRIAL, AND DISCHARGE OF THE ACCUSED. RECOMMENDATIONS REGARDING PRETRIAL HEARINGS AIM TO INCLUDE IN THE HEARING ALL MATTERS THAT DETERMINE THE NECESSITY OF A TRIAL AND PROCEDURES REQUIRED WITHIN THE TRIAL ITSELF. THE INCREASED USE OF EVIDENCE ADMITTED THROUGH SOLEMN DECLARATION IS RECOMMENDED TO ELIMINATE UNNECESSARY PERSONAL APPEARANCES BY WITNESSES AT TRIALS. IN ORDER TO ELIMINATE DELAYING TACTICS BY THE DEFENSE THROUGH THE RIGHT OF REELECTION OF MODE OF TRIAL, IT IS RECOMMENDED THAT SUCH REELECTION BE AVAILABLE AS OF RIGHT ONLY WITHIN 7 DAYS AFTER COMMITTAL FOR THE TRIAL WHOSE MODE WAS ORIGINALLY ELECTED BY THE ACCUSED. RECOGNIZING THAT APART FROM A FEW MINOR EXCEPTIONS THERE IS NO LIMITAION PERIOD GOVERNING THE COMMENCEMENT OF PROSECUTION FOR INDICTABLE OFFENCES, THE COMMISSION PROPOSES THAT WHERE AN ACCUSED HAS NOT BEEN BROUGHT TO TRIAL WITHIN 1 YEAR OF HIS OR HER FIRST COURT APPEARANCE ON A CHARGE, THE ACCUSED BE ENTITLED TO APPLY TO A JUDGE OF THE TRIAL COURT FOR A DISCHARGE.