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NCJ Number: 30579 Find in a Library
Title: PRIVATE PROSECUTIONS IN CANADA - THE LAW AND A PROPOSAL FOR CHANGE
Journal: MCGILL LAW JOURNAL  Volume:21  Issue:2  Dated:(1975)  Pages:269-297
Author(s): P BURNS
Corporate Author: McGill University
School of Law
Canada
Date Published: 1975
Page Count: 29
Sponsoring Agency: McGill University
Montreal, H3C 3G1, Canada
Format: Article
Language: English
Country: Canada
Annotation: EXAMINATION OF THE POWERS AND OBLIGATIONS OF THE PRIVATE PROSECUTOR IN CANADA AND AN ASSESSMENT OF THE VIABILITY OF RETAINING THAT ROLE WHEN MODERN JUDICIAL DEVELOPMENTS ARE CONSIDERED.
Abstract: THE SECTIONS OF ENGLISH CRIMINAL LAW DEALING WITH PRIVATE PROSECUTORS AND MODIFICATIONS OF THAT LAW IMPOSED BY THE CANADIAN CRIMINAL CODE ARE ANALYZED AND THE MODERN ROLE OF PRIVATE PROSECUTIONS IS DISCUSSED. THE AUTHOR CONCLUDES THAT ALTHOUGH THE PRIVATE PROSECUTOR IS GRANTED CONSIDERABLE POWER TO PURSUE HIS CASE IN CANADA, THIS POWER IS RARELY EXERCISED. HE FURTHER STATES THAT A CRIMINAL JUSTICE SYSTEM THAT MAKES PROVISION FOR PRIVATE PROSECUTION OF CRIMINAL AND QUASI-CRIMINAL OFFENSES HAS ADVANTAGES OVER ONE THAT DOES NOT.
Index Term(s): Canada; Criminal codes; Prosecutors
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