NCJ Number
86752
Date Published
1981
Length
12 pages
Annotation
Police should understand that defense counsel is not an enemy or a threat but part of a system designed to ensure that justice is done in criminal cases.
Abstract
Canadian law requires that all accused persons have the benefit of counsel, and a system of legal aid in each Province ensures that persons unable to pay for a lawyer of their own choosing still have the services of a qualified defense counsel. The police must conform to the law in permitting accused persons to have the benefit of counsel at the point of detention and prior to any further action to elicit information or response from the accused. As a witness in court, a constable has the same status of any other witness whose testimony is subject to cross-examination by defense counsel. When a constable develops a reputation for presenting clear and unbiased testimony, then defense cross-examination is generally respectful. Generally, a constable who is the principal investigator in a case should not be submitted to questioning by defense counsel prior to court appearance. The Crown attorney should divulge the general content of the officer's testimony to the defense. In summary convictions, where a Crown counsel is engaged in another case, the officer may supply the defense with pretrial information after receiving permission from a superior officer. Twelve notes are listed.