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Good morning, Can the crown use recorded police or 911 tapes

 
Law.Hut's Avatar
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Customer Question

Good morning,
Can the crown use recorded police or 911 tapes in a trial for domestic abuse?

 

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Province/Territory relating to question: British Columbia

Submitted: 299 days and 9 hours ago.
Category: Canada Law
Value: CA$32
Status: CLOSED

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Expert:  Law.Hut replied 299 days and 8 hours ago.


Law.Hut : Hello: Yes, these are used in evidence all the time. Please let me know if you havesomeon follow up or any more specific questions.
Law.Hut : Meant to type If you have some more questions or follow up, let me know.
JACUSTOMER-qhocfgeg- :

I thought you said the recordings werent used? just their synopsis?

JACUSTOMER-qhocfgeg- :

I am so angry at the crown. They lied in court in front of the judge over a variance in an undertaking over my spouse. I wanted contact but they said i said things to them that i never did. I went to victim services the next day but she was off for a week. I intend on seeing her tommorow. she heard what they said. but unfortunately she wasnt there the days I spoke to crown.

JACUSTOMER-qhocfgeg- :

Are you there?

Law.Hut : Hello
JACUSTOMER-qhocfgeg- :

i feel like i need my own lawyer

JACUSTOMER-qhocfgeg- :

the crown is throwing us both under the bus

JACUSTOMER-qhocfgeg- :

what would happen then?

Law.Hut : It depends. The recordings themselves are the evidence, and to take any shortcuts the Crown must have consent of the defence, such as to use a synopsis. But these recordings go into evidence every day.
JACUSTOMER-qhocfgeg- :

well, im talking about the particulars pages that are given to the accused or lawyer

JACUSTOMER-qhocfgeg- :

can the crown insist on the recordings

JACUSTOMER-qhocfgeg- :

on the particulars, the rcmp use phrases that i never have

JACUSTOMER-qhocfgeg- :

that is what the crown used when they said in court that i said to them in a sit down meeting

JACUSTOMER-qhocfgeg- :

and i didnt

JACUSTOMER-qhocfgeg- :

btw i went back to crown and they apolgized

Law.Hut : I would generally recommend that you have a lawyer in criminal matters, and certainly where you have had issues in dealing with the Crown. At the least, carry out communications by letter or email with the crown so that there is a record. Where a synopsis may come into play is if this was not at a trial, but a pre trial hearing where the crown was discussing issues auch as release or non contact terms. It is common at such a point for the crown to rely on summaries of information. But the court can order a more formal hearing to deal with release conditons in which case the crown would have to introduce evidence in a more formal way, the same as at a trial on the charge itslef, and would not be allowed to just read in evidence from a summary. Unless that was consented to by defence, whcih should not happen unless there is agreement ahead of time in clear terms as to exactly what is to bread into the evidence.
Law.Hut : I hate auto correct. " as to exactly what is to be read into evidence". Sorry.
JACUSTOMER-qhocfgeg- :

im not the accused

JACUSTOMER-qhocfgeg- :

I feel like

JACUSTOMER-qhocfgeg- :

Im the supposed victim

JACUSTOMER-qhocfgeg- :

After all this I feel like the victim of the crown

JACUSTOMER-qhocfgeg- :

i guess you are busy. Thanks for your time

Law.Hut : Sorry for the misunderstanding. You should not need a lawyer of your own. I am glad the Crown apologized to you, as their job is to try to assist a victim of crime, and to help explain the process to you, and not re victimize you through the process. You can certainly push them for further explanation if needed.

Expert TypeLawyer
Category: Canada Law
Pos. Feedback: 94.5 %
Accepts: 2415
Answered: 6/24/2012

Experience: with over 15 years experience.

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