The Criminal Code of Canada; And the Canada Evidence ACT as Amended to Date; With Commentaries, Annotations, Forms ... and an Appendix Containing - The (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1910 edition. Excerpt: ...brought before a justice of the peace by the police or by private compainants. The magistrate takes the depositions of the witnesses. and either discharges the prisoner or commits him for trial. The accusation is put in the form of an'indictment and laid before the Grand Jury, who, having heard the evidence. determine whether the accused is to be put upon his trial or not. "The Grand Jury are still.. however, in theory, the sole accusers: but. inasmuch as they have long ceased to report matters within their own knowledge. and have come to act upon information supplied by others. any one can send up a bill before them accusing any person of any offence whatever. with certain specified exceptions. The proceedings upon coroner's inquisitions is a relic of times preceding the appointment of justices of the peace. The coroner and his jury at that time had a power of accusation concurrent with that of the Grand Jury. much as if a suspected person could in the present day be put on his trial upon the magistrate s committal without any bill being found by the Grand Jury. As to Criminal Informations they form a mode of proceeding adopted in peculiar cases. and call for no observation here. In all common cases we think that of these modes of prosecution. that of initiating the charge before a magistrate is by far the fairest and most satisfactory in every way. It gives suspected persons full notice of the case against them. and it enables the judge and jury. who finally dispose of the prosecution, to discharge their duties with confidence that the whole matter has been properly prepared for their decision. It is. moreover, the common mode in use. All others have become exceptional. and we think that. being...