Chapter 13. Conduct of Summary Trial. Objectives. Describe the conduct of a summary trial. Main Points. General issues Pre-trial issues and procedures Summary Trial procedure Evidentiary issues Determinations. Procedural Requirements.
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Describe the conduct of a summary trial
Purpose of Summary proceedings is “to provide prompt but fair justice in respect of minor service offences and to contribute to the maintenance of military discipline and efficiency, in Canada and abroad, in time of peace or armed conflict”.
Fairness is essential
Presiding officers to ensure fairness
Balance of interests (convenience vs discipline) in consideration of the principles of fairness and the need to act expeditiously
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at the Summary Trial Level
ST less formal and intended to deal with less serious offences at unit level. Does not normally require representation by legal counsel
Presiding officer must
understand the language
without using an interpreter
Witnesses who give
self-incriminating evidence are protected from having their testimony used against them except in a prosecution for perjury
Includes elections or adjournments after ST has commenced or other situations not covered in QR&Os
If accused in custody, presiding officer may order accused retained or released during any period of adjournment
Amount of consideration to be given to any piece of evidence
One exception - investigative reports are not to be received as evidence at summary trial
the evidence is
and how much weight
to give it?
May be convicted of an attempt
to commit an offence whether charge laid as an attempt
or the completed offence
May make a special finding of guilty when the facts proved at summary trial differ from the facts alleged in the charge but are still sufficient to prove the offence charged
Accused must be informed
and the actual finding
recorded on the RDP
Conduct of Summary Trial