18 search results for
2011
Recommendation 12:
When, following the procedures described in paragraphs 4 and 5, the Branch is not satisfied that it has received the additional information and/or materials required, the Branch shall advise the investigating officer that a charge assessment decision cannot be made.
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Recommendation 11:
When, following the procedures described in paragraph 4, Administrative Crown Counsel is not satisfied that he or she has received the additional information and/or materials required, Administrative Crown Counsel may ask Regional Crown Counsel to assist in resolving the matter with the police.
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Recommendation 10:
When a Report to Crown Counsel does not comply with these standards, Crown Counsel shall communicate with the investigator respecting the additional information and/or materials required and may, where appropriate, seek guidance or assistance from Administrative Crown Counsel.
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Recommendation 7:
In order that Crown Counsel can appropriately apply the charge assessment standard, it is essential that a Report to Crown Counsel provide a complete, accurate, and detailed statement of the available evidence.
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Recommendation 6:
In any situation described in paragraph 1, the Report to Crown Counsel shall be delivered to the Assistant Deputy Attorney General, who shall refer the request for legal advice, or the charge assessment and any resulting prosecution to one of the following: a. a special prosecutor appointed under the Crown Counsel Act, or b. a lawyer in private practice in British Columbia or another Canadian jurisdiction, or c. a Crown prosecutor in another Canadian jurisdiction.
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Recommendation 9:
In a complex case, the material in the Report shall be organized and indexed.
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Recommendation 14:
I recommend that the Branch ensure that there is a file management system in place that alerts Administrative Crown Counsel when a pending charge assessment decision has been outstanding for 30 days.
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Recommendation 15:
I recommend that the Branch develop a written policy respecting the reconsideration of a no-charge decision based on new evidence and/or changed circumstances that may materially affect the charge assessment decision. The policy should address who will conduct the new charge assessment.
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Recommendation 2:
A member of the Branch who believes that another member of the Branch working in the same Branch region has a disqualifying conflict in a matter shall not provide legal advice to an investigating officer, or conduct a charge assessment or a prosecution in that matter.
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Recommendation 5:
A member of the Branch shall not provide legal advice to an investigating officer, or conduct a charge assessment or prosecution in relation to an accused or potential accused who is: a. an officer of a municipal police department or of the RCMP serving in British Columbia, whether or not the offence is alleged to have occurred while the officer was on duty. b. a British Columbia cabinet minister. c. a senior British Columbia public or ministry official. d. any other person, if an informed member of the public acting reasonably would conclude that, because of the relationship between the accused or potential accused and the Branch, there is a risk that a member of the Branch might not act with undivided loyalty to the public interest.
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