Part 2 The Prosecution's Case

Introduction of the Case by the Crown

The Crown is supposed to introduce the case (like you see on TV) but most prosecutors won’t do it because they consider it a waste of their time. They will simply call their first witness. You can insist upon opening statements if you wish but unless you have something very good to say, don't waste the court’s time.

Prosecution's Case

Next, the prosecution will call the first and likely only witness, the cop. He will ask a series of questions about the officer's notes and then seek the court's permission for the officer to use the notes to refresh his memory. You should have a copy of these notes through disclosure. If you don't, object to the use of the notes on the grounds that it is evidence that was not disclosed to you.

The prosecution will then conduct an "examination in chief" where he will ask open-ended questions to elicit the evidence against you. He may not ask leading questions like: "When did you see the car go through the red light?" Instead, he may ask "what did you see?"

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