Who said i arrest you in the name of the crown




















Accused persons are entitled to hear all of the evidence, and you will not have to leave the courtroom when other witnesses testify even if you intend to be a witness yourself. However, you must not tell any witnesses what evidence was given in the courtroom or the questions that were asked.

This is called examination-in-chief. You have the right to object to questions asked by the Crown or evidence given by a witness that you believe are irrelevant or improper. The questions you ask of the witnesses in cross-examination will not be treated as evidence. It is only the answers of the witnesses that are considered evidence. You may use the prior statement of a witness to show inconsistencies between what a witness has said at the trial and what the same witness said at some other time.

You are not permitted to argue with witnesses. You are also not permitted at this stage of the trial to make statements about why you should be found not guilty. You are allowed to put your version of the events directly to the witness in cross-examination. Unlike in examination-in-chief, you are also allowed to suggest answers that will assist your case. If you intend to call defence evidence that is different from what a Crown witness has told the court, you should suggest your version of the facts to that Crown witness during your cross-examination.

This gives the witness a chance to agree or disagree with your version of the facts. You are entitled to ask the judge to see the notes of any Crown witness, and to use those notes while cross-examining the witness. For example, you might want to cross-examine a witness about any inconsistencies between his or her notes and what he or she has said in the courtroom. You will be allowed to cross-examine the Crown witnesses about whether they have a criminal record. You are entitled to see the notes, and you may agree that the witness be allowed to use the notes, or you can ask the judge to make a ruling about this issue.

If you do not agree that the witness should be allowed to use the notes, the judge will hold a mini-hearing during the trial called a voir dire to determine the issue.

You will also be allowed to make submissions explaining why the witness should not be permitted to refer to the notes. The judge must be satisfied that you made the statement and the Crown must prove beyond a reasonable doubt that you did so voluntarily.

There are some exceptions to the rule against hearsay. For example, evidence about what someone else said usually is allowed to explain later conduct of a witness or to describe background events.

Another, and important, exception is that the Crown can ask witnesses about statements they say you made. You, however, may not ask witnesses what you said unless the Crown has asked them about it first because doing so is considered self-serving. There are also special rules to follow when the statement was made to a police officer or other person in authority see above.

This means that you are asking the judge to dismiss some or all of the charges at this stage because there is no evidence in relation to at least one of the essential elements of the offence that the Crown must prove. If you move for a directed verdict and the judge rules against you, you will then be allowed to decide whether or not to call a defence.

If the judge rules for you, you will be acquitted. At this point, you will be convicted only if the judge finds that every essential element of the offence has been proven beyond a reasonable doubt. They need to tell you why they are arresting you and make sure that you understand them. They can touch you, but not hurt you.

The police can arrest you without a warrant if you have committed - or if they believe you will commit - a serious crime. For less serious crimes, the police can arrest you without a warrant if they see you commit the crime and need to find out who you are, stop you from committing the crime, keep you from destroying evidence, or make sure you will go to court.

Tell the RCMP that you want to call a lawyer. They have to help you call a lawyer who can tell you if you should talk to the police and can help you get released. You have a right to talk to a lawyer, and you can talk to the lawyer in private. Never lie to the police. You do not have to talk to the police at all, except to tell them your name.

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