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Halsbury's Laws of Canada – Criminal Procedure (2016 Reissue)

This book sets out the law governing criminal procedure in Canada, as codified by the Criminal Code of Canada, and complements the discussion of the substantive law set out in Halsbury's Laws of Canada – Criminal Offences and Defences (2016 Reissue).
Publication Language: English
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$310.00
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ISBN/ISSN: 9780433490876

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$135* per volume (ISBN: 9780433454946) OR purchase individual volumes at $310 each.

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*Per volume with commitment to purchase the entire 72-volume set.

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The criminal law is one of the cornerstones of legal and social organization in Canada. As such, its impact is often felt in some manner, either directly or indirectly, by a wide range of Canadians, and, inevitably, a wide range of legal clients. This reality requires even non-specialists in criminal law to have a clear understanding of both the substantive and procedural framework that defines the criminal justice system.

Newly revised and thoroughly updated, Halsbury's Laws of Canada – Criminal Procedure (2016 Reissue) delivers that understanding in an authoritative and comprehensive manner. It sets out the law governing criminal procedure in Canada, as codified by the Criminal Code of Canada, and complements the discussion of the substantive law set out in Halsbury's Laws of Canada – Criminal Offences and Defences (2016 Reissue). Clearly written and logically organized, this title explains the framework for administering the substantive law and, as its name implies, discusses the procedural rules that support the implementation and enforcement of that law. It encompasses such things as the rules by which, according to the Criminal Code, police powers are exercised, the right to counsel, search warrants, interim release, and procuring attendance of witnesses.

Specific topics covered include:

  • Search and seizure process
  • Reasonableness of a search or seizure
  • Warrantless searches and search incidental to arrest
  • Issuing of search warrants
  • Conventional, general and special search warrants
  • Review of warrants
  • Execution of search warrants
  • Forensic DNA analysis
  • Access to search warrant documents

Arrest and compelling appearance

  • Warrantless arrest
  • Release from custody after arrest
  • Information, summons and warrants
  • Contents and service of summons and execution of warrant

Judicial interim release

  • General principles
  • Undertaking and conditions
  • Detention or remand in custody
  • Effect and enforcement of recognizances

Insanity and mental disorder

  • Assessment orders and fitness to stand trial
  • Disposition hearings and appeals
  • High-risk accused
  • Defences

Indictment, counts, joinder, severance and pleas

  • General and special provisions
  • Joinder or severance of counts

Pre-trial procedures and pre-trial orders

  • In camera proceedings and publication bans
  • Restrictions on testimony or witnesses
  • Language of accused
  • Election and preliminary inquiries

Trial procedure

  • Trial without a jury
  • Jury trial procedures
  • Evidence at trial
  • Verdicts

Forms and electronic documents Summary convictions and appeals Sentencing and other post-conviction orders

  • Sex, dangerous and long-term offenders
  • Principles, procedure and evidence
  • Absolute and conditional discharges and probation
  • Fines and forfeiture
  • Appeals and review for parole

Appeals and applications for ministerial review

  • Procedure on appeal
  • Release from custody pending appeal
  • Procedural and adjudicatory powers of the Court of Appeal
  • New trials
  • Appeals to the Supreme Court of Canada

Extraordinary remedies

  • Certiorari, habeas corpus, prohibition
  • Quashing convictions, orders, proceedings or warrants

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Table of contents

I. Introduction
II. The Search and Seizure Process
III. Apprehension, Bail and Compelling Appearance
IV. Pleas
V. Insanity and Mental Disorder
VI. Indictment, Counts, Joinder and Severance
VII. Pre-trial Procedures and Pre-trial Orders
VIII. Trial Procedure
IX. Forms and Electronic Documents
X. Summary Convictions and Appeals
XI. Sentencing and Other Post-Conviction Orders
XII. Appeals and Miscarriages of Justice
XIII. Extraordinary Remedies