NCJ Number
30579
Journal
McGill Law Journal Volume: 21 Issue: 2 Dated: (1975) Pages: 269-297
Date Published
1975
Length
29 pages
Annotation
EXAMINATION OF THE POWERS AND OBLIGATIONS OF THE PRIVATE PROSECUTOR IN CANADA AND AN ASSESSMENT OF THE VIABILITY OF RETAINING THAT ROLE WHEN MODERN JUDICIAL DEVELOPMENTS ARE CONSIDERED.
Abstract
THE SECTIONS OF ENGLISH CRIMINAL LAW DEALING WITH PRIVATE PROSECUTORS AND MODIFICATIONS OF THAT LAW IMPOSED BY THE CANADIAN CRIMINAL CODE ARE ANALYZED AND THE MODERN ROLE OF PRIVATE PROSECUTIONS IS DISCUSSED. THE AUTHOR CONCLUDES THAT ALTHOUGH THE PRIVATE PROSECUTOR IS GRANTED CONSIDERABLE POWER TO PURSUE HIS CASE IN CANADA, THIS POWER IS RARELY EXERCISED. HE FURTHER STATES THAT A CRIMINAL JUSTICE SYSTEM THAT MAKES PROVISION FOR PRIVATE PROSECUTION OF CRIMINAL AND QUASI-CRIMINAL OFFENSES HAS ADVANTAGES OVER ONE THAT DOES NOT.