The Ontario Court of Appeal held that the ability to appoint amicus curiae is part of the inherent jurisdiction of the court, and judges must must be able to secure the appropriate assistance so that serious criminal cases involving
an unrepresented accused can still proceed.
Accordingly, prosecutors should not seek to obtain waivers of preliminary hearings or other important pretrial rights from
unrepresented accused persons.
Lastly, even at sentencing an experienced defence lawyer can achieve a significantly different result than
an unrepresented accused.
Even when a court finds that trial fairness demands an impoverished,
unrepresented accused has legal representation or an amicus curiae is needed, defence lawyers are expected to work for a fraction of the cost of Crown prosecutors.
Trial judges would have to shoulder more of the responsibility themselves to ensure a fair trial for
unrepresented accused.
Unrepresented accused persons + the greater rate at which they plead guilty + the power given the Crown prosecutor by plea bargaining, produce a lot of injustice.
Eligibility has also been reduced, resulting in a sharp increase in the number of
unrepresented accused, notes Eder.
Not exact matches
... costs borne by society at large include: costs associated with delays in court and administrative proceedings; increased court operation costs attributable to
unrepresented litigants and
accused; and, more broadly, costs associated with legal problems that are not resolved in an acceptable manner (including increased health care costs, increased social assistance costs and so on).
It also noted that a judge may have greater latitude to question witnesses where the
accused is
unrepresented.
The state is never
unrepresented in court, unlike so many impoverished
accused.
Criminal law — Offences — Property offences — Possession of breaking instruments — Possession of stolen goods — Procedure — Trial judge's duties — Where
accused unrepresented — Trials — Adjournment.
But a 5 - 7 day trial, raising complex Charter, evidentiary and severance issues, and with a potential consequence of imprisonment, is not one in which an
accused should be
unrepresented.