Flies insect evidence of the crime scene how to help the

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Law based upon a published code of statutes, as opposed to law found in the decisions of courts. Criminal Procedure Amendment Act 65 of 2008 – Government Notice 169 in Government Gazette 31911 dated 18 February 2009. When he was stopped by Officer Cash, he smelled of alcohol, was unsteady on his feet and did not perform field sobriety tests satisfactorily. Approximately 30 criminal cases--alleging intentional transmission by biting, spitting, donating infected blood or having sexual intercourse--have been filed across the country against AIDS patients.

Exam Pro on Evidence, Objective, 5th

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Goody v Odams 1967 English Case (not prescribed) Goody brought an action for damages against a newspaper due to allegedly defamatory stuff they’d written about him. You can also visit FindLaw’s Criminal Law Basics for more introductory information on this topic. Innocent defendants who plead are often overestimating their likelihood of conviction at trial, so the law should encourage them to persevere and win acquittals. Due to a misdemeanor charge that I plead guilty to. surrounding my being charg.

John Henry Wigmore and the Rules of Evidence: The Hidden

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I, §9 and 10 If an act was lawful when it was performed, the performer can not be convicted of a crime as a result of a law enacted after the performance. prohibition against "unreasonable searches and seizures". Threatening words do not constitute malicious harassment if it is apparent to the victim that the person does not have the ability to carry out the threat. (2) In any prosecution for malicious harassment, unless evidence exists which explains to the trier of fact's satisfaction that the person did not intend to threaten the victim or victims, the trier of fact may infer that the person intended to threaten a specific victim or group of victims because of the person's perception of the victim's or victims' race, color, religion, ancestry, national origin, gender, sexual orientation, or mental, physical, or sensory handicap if the person commits one of the following acts: (a) Burns a cross on property of a victim who is or whom the actor perceives to be of African American heritage; or (b) Defaces property of a victim who is or whom the actor perceives to be of Jewish heritage by defacing the property with a swastika.

Federal & California evidence Rules 2003 Edition

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For information about family violence, how to keep safe and applying for a family violence intervention order, visit the Victims of Crime website (External link) The review of counter-terrorism legislation in Victoria evaluated the operation, effectiveness and implications of Victoria's terrorism legislation. Ramsay, P., 2012, The Insecurity State: Vulnerable Autonomy and the Right to Security in the Criminal Law, Oxford: Oxford University Press. –––, 1987, “Autonomy, Toleration, and the Harm Principle”, in R.

Federal Rules of Evidence

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But the idea that 508 of the dead commerce anyway why not include. 35 7 5261 27. When you review each of your answers, keep track of your mistakes. Virgo, 2010, Simester and Sullivan's Criminal Law: Theory and Doctrine, 4th edition, Oxford: Hart Publishing. –––, 2011, Crimes, Harms, and Wrongs: On the Principles of Criminalization, Oxford: Hart Publishing. If the defendant is found guilty, or if the defendant had plead NGRI only, then the defendant shall be certified to the superior court for a sanity trial under Penal Code sections 1026 and 1027.

Bar Manual: Opinion Writing 2005/6 (Blackstone Bar Manual)

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However, this difficulty seems minor when compared to allowing a security vulnerability to exist which has the potential to compromise the privacy and financial security of millions of iPhone users. The police held up a piece a paper that they claimed was the warrant, which was a fake. If the police come to your house in an attempt to question you ask them to leave. According to Chief Justice Monir Law of Evidence can be defined, ‘ as a system of rules for ascertaining controversial questions of fact in judicial enquiries.

Criminal Evidence and Human Rights: Reimagining Common Law

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The reliability of evidence on tape is the primary distinguishing feature. Daye's conviction was overturned on September 27, 1994. Org is happy to assist you in your search for the right law firm to handle your brain injury cases. In short, the Deductive Profiling method encourages deliberation, competency, thoroughness, and requires a high degree of intra- and extra-departmental cohesiveness and communication.

U.S. Supreme Court Opinion: 460 U.S. 730 - TEXAS,

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Commencement date of sections 1, 4, 7 to 10, 12 and 13(a): to be proclaimed. This is especially important for pictures or photos that can be Photoshopped or created by tricks and manipulations. Offences provided for in section 4, 5 and 7 and involvement in these offences as provided for in section 10 of the Prevention and Combating of Trafficking in Persons Act, 2013. (Item substituted by section 48, Schedule, of Act 7 of 2013) Assault, when a dangerous wound is inflicted.

California criminal evidence

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Testimony that a matter is what it is claimed to be. (2) Nonexpert Opinion on Handwriting. This is known as the "cut off provision". If a person has made more than one dying declarations and if these are not at variance with each other in essence they retain their full value. Savings, transitional and other provisions SCHEDULE 1 SCHEDULE 2 Dictionary The Court of Appeals explained that once the trial court found that the Brady violation required dismissal of the indictments a “legal impediment to conviction” arose, and the subsequent dismissal necessarily relied on the authority from § 210.20(1)(h).

Evidence, 2012 Rules and Statute Supplement

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Even though it made the police officers behave I must admit that the probable cause requirements were loosen up for officers. L. 95–598, title II, §251, 92 Stat. 2673, eff. Nonetheless, one could ask, “Who really cares? Test on Arrest - The Drugs Act 2005 introduced new powers compelling police in certain, high-drug crime areas to test people arrested for certain �trigger� offences for the presence of Class A drugs. You should not make any confession or admission of guilt because of any promise or threat made to you but if you do make any statement it may be given in evidence against you at your trial in spite of the promise or threat.” (3) Where the accused who is not represented by counsel says anything in answer to the address made by the justice pursuant to subsection (2), the answer shall be taken down in writing and shall be signed by the justice and kept with the evidence of the witnesses and dealt with in accordance with this Part. (4) Where an accused is not represented by counsel, the justice shall ask the accused if he or she wishes to call any witnesses after subsections (2) and (3) have been complied with. (5) The justice shall hear each witness called by the accused who testifies to any matter relevant to the inquiry, and for the purposes of this subsection, section 540 applies with such modifications as the circumstances require. 542 (1) Nothing in this Act prevents a prosecutor giving in evidence at a preliminary inquiry any admission, confession or statement made at any time by the accused that by law is admissible against him. (2) Every one who publishes in any document, or broadcasts or transmits in any way, a report that any admission or confession was tendered in evidence at a preliminary inquiry or a report of the nature of such admission or confession so tendered in evidence unless (a) the accused has been discharged, or (b) if the accused has been ordered to stand trial, the trial has ended, is guilty of an offence punishable on summary conviction. 543 (1) Where an accused is charged with an offence alleged to have been committed out of the limits of the jurisdiction in which he has been charged, the justice before whom he appears or is brought may, at any stage of the inquiry after hearing both parties, (a) order the accused to appear, or (b) if the accused is in custody, issue a warrant in Form 15 to convey the accused before a justice having jurisdiction in the place where the offence is alleged to have been committed, who shall continue and complete the inquiry. (a) any evidence the transcript of which is so transmitted shall be deemed to have been taken by the justice to whom it is transmitted; and (b) any appearance notice, promise to appear, undertaking or recognizance issued to or given or entered into by the accused under Part XVI shall be deemed to have been issued, given or entered into in the jurisdiction where the offence is alleged to have been committed and to require the accused to appear before the justice to whom the transcript and documents are transmitted at the time provided in the order made in respect of the accused under paragraph (1)(a). 544 (1) Notwithstanding any other provision of this Act, where an accused, whether or not he is charged jointly with another, absconds during the course of a preliminary inquiry into an offence with which he is charged, (a) he shall be deemed to have waived his right to be present at the inquiry, and (i) may continue the inquiry and, when all the evidence has been taken, shall dispose of the inquiry in accordance with section 548, or (ii) if a warrant is issued for the arrest of the accused, may adjourn the inquiry to await his appearance, but where the inquiry is adjourned pursuant to subparagraph (b)(ii), the justice may continue it at any time pursuant to subparagraph (b)(i) if he is satisfied that it would no longer be in the interests of justice to await the appearance of the accused. (2) Where the justice continues a preliminary inquiry pursuant to subsection (1), he may draw an inference adverse to the accused from the fact that he has absconded. (3) Where an accused reappears at a preliminary inquiry that is continuing pursuant to subsection (1), he is not entitled to have any part of the proceedings that was conducted in his absence re-opened unless the justice is satisfied that because of exceptional circumstances it is in the interests of justice to re-open the inquiry. (4) Where an accused has absconded during the course of a preliminary inquiry and the justice continues the inquiry, counsel for the accused is not thereby deprived of any authority he may have to continue to act for the accused in the proceedings. (5) Where, at the conclusion of the evidence on the part of the prosecution at a preliminary inquiry that has been continued pursuant to subsection (1), the accused is absent but counsel for the accused is present, he or she shall be given an opportunity to call witnesses on behalf of the accused and subsection 541(5) applies with such modifications as the circumstances require. 545 (1) Where a person, being present at a preliminary inquiry and being required by the justice to give evidence, (a) refuses to be sworn, (b) having been sworn, refuses to answer the questions that are put to him, (c) fails to produce any writings that he is required to produce, or (d) refuses to sign his deposition, without offering a reasonable excuse for his failure or refusal, the justice may adjourn the inquiry and may, by warrant in Form 20, commit the person to prison for a period not exceeding eight clear days or for the period during which the inquiry is adjourned, whichever is the lesser period. (2) Where a person to whom subsection (1) applies is brought before the justice on the resumption of the adjourned inquiry and again refuses to do what is required of him, the justice may again adjourn the inquiry for a period not exceeding eight clear days and commit him to prison for the period of adjournment or any part thereof, and may adjourn the inquiry and commit the person to prison from time to time until the person consents to do what is required of him. (3) Nothing in this section shall be deemed to prevent the justice from sending the case for trial on any other sufficient evidence taken by him. (a) any irregularity or defect in the substance or form of the summons or warrant; (b) any variance between the charge set out in the summons or warrant and the charge set out in the information; or (c) any variance between the charge set out in the summons, warrant or information and the evidence adduced by the prosecution at the inquiry. 547 Where it appears to the justice that the accused has been deceived or misled by any irregularity, defect or variance mentioned in section 546, he may adjourn the inquiry and may remand the accused or grant him interim release in accordance with Part XVI. 547.1 Where a justice acting under this Part has commenced to take evidence and dies or is unable to continue for any reason, another justice may (a) continue taking the evidence at the point at which the interruption in the taking of the evidence occurred, where the evidence was recorded pursuant to section 540 and is available; or (b) commence taking the evidence as if no evidence had been taken, where no evidence was recorded pursuant to section 540 or where the evidence is not available. 548 (1) When all the evidence has been taken by the justice, he shall (a) if in his opinion there is sufficient evidence to put the accused on trial for the offence charged or any other indictable offence in respect of the same transaction, order the accused to stand trial; or (b) discharge the accused, if in his opinion on the whole of the evidence no sufficient case is made out to put the accused on trial for the offence charged or any other indictable offence in respect of the same transaction. (2) Where the justice orders the accused to stand trial for an indictable offence, other than or in addition to the one with which the accused was charged, the justice shall endorse on the information the charges on which he orders the accused to stand trial. (2.1) A justice who orders that an accused is to stand trial has the power to fix the date for the trial or the date on which the accused must appear in the trial court to have that date fixed. (3) The validity of an order to stand trial is not affected by any defect apparent on the face of the information in respect of which the preliminary inquiry is held or in respect of any charge on which the accused is ordered to stand trial unless, in the opinion of the court before which an objection to the information or charge is taken, the accused has been misled or prejudiced in his defence by reason of that defect. 549 (1) Notwithstanding any other provision of this Act, the justice may, at any stage of a preliminary inquiry, with the consent of the accused and the prosecutor, order the accused to stand trial in the court having criminal jurisdiction, without taking or recording any evidence or further evidence. (1.1) If the prosecutor and the accused agree under section 536.5 to limit the scope of a preliminary inquiry to specific issues, the justice, without recording evidence on any other issues, may order the accused to stand trial in the court having criminal jurisdiction. (2) If an accused is ordered to stand trial under this section, the justice shall endorse on the information a statement of the consent of the accused and the prosecutor, and the accused shall after that be dealt with in all respects as if ordered to stand trial under section 548. 550 (1) Where an accused is ordered to stand trial, the justice who held the preliminary inquiry may require any witness whose evidence is, in his opinion, material to enter into a recognizance to give evidence at the trial of the accused and to comply with such reasonable conditions prescribed in the recognizance as the justice considers desirable for securing the attendance of the witness to give evidence at the trial of the accused. (2) A recognizance entered into pursuant to this section may be in Form 32, and may be set out at the end of a deposition or be separate therefrom. (3) A justice may, for any reason satisfactory to him, require any witness entering into a recognizance pursuant to this section (a) to produce one or more sureties in such amount as he may direct; or (b) to deposit with him a sum of money sufficient in his opinion to ensure that the witness will appear and give evidence. (4) Where a witness does not comply with subsection (1) or (3) when required to do so by a justice, he may be committed by the justice, by warrant in Form 24, to a prison in the territorial division where the trial is to be held, there to be kept until he does what is required of him or until the trial is concluded. (5) Where a witness has been committed to prison pursuant to subsection (4), the court before which the witness appears or a justice having jurisdiction in the territorial division where the prison is situated may, by order in Form 39, discharge the witness from custody when the trial is concluded. 551 Where a justice orders an accused to stand trial, the justice shall forthwith send to the clerk or other proper officer of the court by which the accused is to be tried, the information, the evidence, the exhibits, the statement if any of the accused taken down in writing under section 541, any promise to appear, undertaking or recognizance given or entered into in accordance with Part XVI, or any evidence taken before a coroner, that is in the possession of the justice. 551.1 (1) On application by the prosecutor or the accused or on his or her own motion, the Chief Justice or the Chief Judge of the court before which a trial is to be or is being held or the judge that the Chief Justice or the Chief Judge designates may, if he or she is of the opinion that it is necessary for the proper administration of justice, appoint a judge as the case management judge for that trial at any time before the jury selection, if the trial is before a judge and jury, or before the stage at which the evidence on the merits is presented, if the trial is being heard by a judge without a jury or a provincial court judge. (2) The Chief Justice or the Chief Judge or his or her designate may order that a conference between the prosecutor and the accused or counsel for the accused or a hearing be held for the purpose of deciding if it is necessary for the proper administration of justice to proceed with the appointment. (3) In the case of a trial for an indictable offence, other than a trial before a provincial court judge, the application or appointment may only be made after the prosecution prefers the indictment. (4) The appointment of a judge as the case management judge does not prevent him or her from becoming the judge who hears the evidence on the merits. 551.2 The case management judge shall assist in promoting a fair and efficient trial, including by ensuring that the evidence on the merits is presented, to the extent possible, without interruption. 551.3 (1) In performing his or her duties before the stage of the presentation of the evidence on the merits, the case management judge, as a trial judge, may exercise the powers that a trial judge has before that stage, including (a) assisting the parties to identify the witnesses to be heard, taking into account the witnesses’ needs and circumstances; (b) encouraging the parties to make admissions and reach agreements; (c) encouraging the parties to consider any other matters that would promote a fair and efficient trial; (d) establishing schedules and imposing deadlines on the parties; (e) hearing guilty pleas and imposing sentences; (f) assisting the parties to identify the issues that are to be dealt with at the stage at which the evidence on the merits is presented; and (g) subject to section 551.7, adjudicating any issues that can be decided before that stage, including those related to (i) the disclosure of evidence, (ii) the admissibility of evidence, (v) the severance of counts, and (vi) the separation of trials on one or more counts when there is more than one accused. (3) When the case management judge exercises the power referred to in paragraph (1)(g), he or she is doing so at trial. (4) A decision that results from the exercise of the power referred to in paragraph (1)(g) is binding on the parties for the remainder of the trial — even if the judge who hears the evidence on the merits is not the same as the case management judge — unless the court is satisfied that it would not be in the interests of justice because, among other considerations, fresh evidence has been adduced. 551.4 (1) When the case management judge is of the opinion that the measures to promote a fair and efficient trial that can be taken before the stage of the presentation of the evidence on the merits have been taken — including adjudicating the issues that can be decided — he or she shall ensure that the court record includes information that, in his or her opinion, may be relevant at the stage of the presentation of the evidence on the merits, including (a) the names of the witnesses to be heard that have been identified by the parties; (b) any admissions made and agreements reached by the parties; (c) the estimated time required to conclude the trial; (d) any orders and decisions; and (e) any issues identified by the parties that are to be dealt with at the stage of the presentation of the evidence on the merits. (2) This section does not apply to a case management judge who also hears the evidence on the merits. 551.5 Even if the judge who hears the evidence on the merits is not the same as the case management judge, the trial of an accused shall proceed continuously, subject to adjournment by the court. 551.6 (1) During the presentation of the evidence on the merits, the case management judge shall adjudicate any issue referred to him or her by the judge hearing the evidence on the merits. (2) For the purposes of adjudicating an issue, the case management judge may exercise the powers of a trial judge. 551.7 (1) If an issue referred to in any of subparagraphs 551.3(1) (g)(i) to (iii) is to be adjudicated in related trials that are to be or are being held in the same province before a court of the same jurisdiction, the Chief Justice or the Chief Judge of that court or his or her designate may, on application by the prosecutor or the accused or on his or her own motion, determine if it is in the interests of justice, including ensuring consistent decisions, to adjudicate that issue at a joint hearing for some or all of those trials. (2) To make the determination, the Chief Justice or the Chief Judge or his or her designate (a) shall take into account, among other considerations, the degree to which the evidence relating to the issue is similar in the related trials; and (b) may order that a conference between the prosecutor and the accused or counsel for the accused or a hearing be held. (3) If the Chief Justice or the Chief Judge or his or her designate determines that it is in the interests of justice to adjudicate the issue at a joint hearing for some or all of the related trials, he or she shall issue an order (a) declaring that a joint hearing be held to adjudicate the issue in the related trials that he or she specifies; (b) naming the parties who are to appear at the hearing; (c) appointing a judge to adjudicate the issue; and (d) designating the territorial division in which the hearing is to be held, if the trials are being held in different territorial divisions. (4) However, the order may only be made in respect of a trial for an indictable offence, other than a trial before a provincial court judge, if the indictment has been preferred. (5) The Chief Justice or the Chief Judge or his or her designate shall cause a copy of the order to be included in the court record of each of the trials specified in the order and to be provided to each of the parties named in it. (6) If one of the specified trials is being held in a territorial division other than the one in which the joint hearing will be held, the officer in that territorial division who has custody of the indictment or information and the writings relating to the trial shall, when he or she receives the order, transmit the indictment or information and the writings without delay to the clerk of the court before which the joint hearing is to be held. (7) The judge appointed under the order shall require the parties who are named in it to appear at the joint hearing. (8) The order made under subsection (2) or (3) is sufficient warrant, justification and authority to all sheriffs, keepers of prisons and peace officers for an accused’s removal, disposal and reception in accordance with the terms of the order, and the sheriff may appoint and authorize any peace officer to convey the accused to a prison for the territorial division in which the hearing, as the case may be, is to be held. (9) The judge appointed under the order may, as a trial judge and for the purpose of adjudicating the issue at the joint hearing, exercise the powers of a trial judge. (10) When the judge adjudicates the issue, he or she is doing so at trial. (11) Once the judge has adjudicated the issue, he or she shall cause his or her decision, with reasons, to be included in the court record of each of the related trials in respect of which the joint hearing was held and, in the case of a trial for which an indictment, information or writings were transmitted by an officer under subsection (6), the judge shall have the documents returned to the officer. 553 The jurisdiction of a provincial court judge, or in Nunavut, of a judge of the Nunavut Court of Justice, to try an accused is absolute and does not depend on the consent of the accused where the accused is charged in an information 554 (1) Subject to subsection (2), if an accused is charged in an information with an indictable offence other than an offence that is mentioned in section 469, and the offence is not one over which a provincial court judge has absolute jurisdiction under section 553, a provincial court judge may try the accused if the accused elects to be tried by a provincial court judge. (2) With respect to criminal proceedings in Nunavut, if an accused is charged in an information with an indictable offence other than an offence that is mentioned in section 469 and the offence is not one over which a judge of the Nunavut Court of Justice has absolute jurisdiction under section 553, a judge of the Nunavut Court of Justice may try the accused if the accused elects to be tried by a judge without a jury. 555 (1) Where in any proceedings under this Part an accused is before a provincial court judge and it appears to the provincial court judge that for any reason the charge should be prosecuted by indictment, he may, at any time before the accused has entered on his defence, decide not to adjudicate and shall thereupon inform the accused of his decision and continue the proceedings as a preliminary inquiry. (2) Where an accused is before a provincial court judge charged with an offence mentioned in paragraph 553 (a) or subparagraph 553 (b)(i), and, at any time before the provincial court judge makes an adjudication, the evidence establishes that the subject-matter of the offence is a testamentary instrument or that its value exceeds five thousand dollars, the provincial court judge shall put the accused to his or her election in accordance with subsection 536(2). (3) Where an accused is put to his election pursuant to subsection (2), the following provisions apply, namely, (a) if the accused elects to be tried by a judge without a jury or a court composed of a judge and jury or does not elect when put to his or her election, the provincial court judge shall continue the proceedings as a preliminary inquiry under Part XVIII and, if the provincial court judge orders the accused to stand trial, he or she shall endorse on the information a record of the election; and (b) if the accused elects to be tried by a provincial court judge, the provincial court judge shall endorse on the information a record of the election and continue with the trial. 555.1 (1) If in any criminal proceedings under this Part an accused is before a judge of the Nunavut Court of Justice and it appears to the judge that for any reason the charge should be prosecuted by indictment, the judge may, at any time before the accused has entered a defence, decide not to adjudicate and shall then inform the accused of the decision and continue the proceedings as a preliminary inquiry. (2) If an accused is before a judge of the Nunavut Court of Justice charged with an indictable offence mentioned in paragraph 553 (a) or subparagraph 553 (b)(i), and, at any time before the judge makes an adjudication, the evidence establishes that the subject-matter of the offence is a testamentary instrument or that its value exceeds five thousand dollars, the judge shall put the accused to an election in accordance with subsection 536.1(2). (3) A judge shall continue the proceedings as a preliminary inquiry under Part XVIII if the accused is put to an election under subsection (2) and elects to be tried by a judge without a jury and requests a preliminary inquiry under subsection 536.1(3) or elects to be tried by a court composed of a judge and jury or does not elect when put to the election. (4) If an accused is put to an election under subsection (2) and elects to be tried by a judge without a jury and does not request a preliminary inquiry under subsection 536.1(3), the judge shall endorse on the information a record of the election and continue with the trial. (5) This section, and not section 555, applies in respect of criminal proceedings in Nunavut. 556 (1) An accused organization shall appear by counsel or agent. (2) Where an accused organization does not appear pursuant to a summons and service of the summons on the organization is proved, the provincial court judge or, in Nunavut, the judge of the Nunavut Court of Justice (a) may, if the charge is one over which the judge has absolute jurisdiction, proceed with the trial of the charge in the absence of the accused organization; and (b) shall, if the charge is not one over which the judge has absolute jurisdiction, fix the date for the trial or the date on which the accused organization must appear in the trial court to have that date fixed. (3) If an accused organization appears and a preliminary inquiry is not requested under subsection 536(4), the provincial court judge shall fix the date for the trial or the date on which the organization must appear in the trial court to have that date fixed. (4) If an accused organization appears and a preliminary inquiry is not requested under subsection 536.1(3), the justice of the peace or the judge of the Nunavut Court of Justice shall fix the date for the trial or the date on which the organization must appear in the trial court to have that date fixed. 557 If an accused is tried by a provincial court judge or a judge of the Nunavut Court of Justice in accordance with this Part, the evidence of witnesses for the prosecutor and the accused must be taken in accordance with the provisions of Part XVIII, other than subsections 540(7) to (9), relating to preliminary inquiries. 558 If an accused who is charged with an indictable offence, other than an offence mentioned in section 469, elects under section 536 or 536.1 or re-elects under section 561 or 561.1 to be tried by a judge without a jury, the accused shall, subject to this Part, be tried by a judge without a jury. 559 (1) A judge who holds a trial under this Part shall, for all purposes thereof and proceedings connected therewith or relating thereto, be a court of record. (2) The record of a trial that a judge holds under this Part shall be kept in the court over which the judge presides. 560 (1) If an accused elects, under section 536 or 536.1, to be tried by a judge without a jury, a judge having jurisdiction shall (a) on receiving a written notice from the sheriff or other person having custody of the accused stating that the accused is in custody and setting out the nature of the charge against him, or (b) on being notified by the clerk of the court that the accused is not in custody and of the nature of the charge against him, fix a time and place for the trial of the accused. (2) The sheriff or other person having custody of the accused shall give the notice mentioned in paragraph (1)(a) within twenty-four hours after the accused is ordered to stand trial, if the accused is in custody pursuant to that order or if, at the time of the order, he is in custody for any other reason. (3) Where, pursuant to subsection (1), a time and place is fixed for the trial of an accused who is in custody, the accused (a) shall be notified forthwith by the sheriff or other person having custody of the accused of the time and place so fixed; and (b) shall be produced at the time and place so fixed. (4) Where an accused is not in custody, the duty of ascertaining from the clerk of the court the time and place fixed for the trial, pursuant to subsection (1), is on the accused, and he shall attend for his trial at the time and place so fixed. (a) at any time before or after the completion of the preliminary inquiry, with the written consent of the prosecutor, to be tried by a provincial court judge; (b) at any time before the completion of the preliminary inquiry or before the fifteenth day following the completion of the preliminary inquiry, as of right, another mode of trial other than trial by a provincial court judge; and (c) on or after the fifteenth day following the completion of the preliminary inquiry, any mode of trial with the written consent of the prosecutor. (2) An accused who elects to be tried by a provincial court judge or who does not request a preliminary inquiry under subsection 536(4) may, not later than 14 days before the day first appointed for the trial, re-elect as of right another mode of trial, and may do so after that time with the written consent of the prosecutor. (3) Where an accused wishes to re-elect under subsection (1) before the completion of the preliminary inquiry, the accused shall give notice in writing that he wishes to re-elect, together with the written consent of the prosecutor, where that consent is required, to the justice presiding at the preliminary inquiry who shall on receipt of the notice, (b) where the accused wishes to re-elect under paragraph (1)(a) and the justice is not a provincial court judge, notify a provincial court judge or clerk of the court of the accused’s intention to re-elect and send to the provincial court judge or clerk the information and any promise to appear, undertaking or recognizance given or entered into in accordance with Part XVI, or any evidence taken before a coroner, that is in the possession of the justice. (4) Where an accused wishes to re-elect under subsection (2), the accused shall give notice in writing that he wishes to re-elect together with the written consent of the prosecutor, where that consent is required, to the provincial court judge before whom the accused appeared and pleaded or to a clerk of the court. (5) Where an accused wishes to re-elect under subsection (1) after the completion of the preliminary inquiry, the accused shall give notice in writing that he wishes to re-elect, together with the written consent of the prosecutor, where that consent is required, to a judge or clerk of the court of his original election who shall, on receipt of the notice, notify the judge or provincial court judge or clerk of the court by which the accused wishes to be tried of the accused’s intention to re-elect and send to that judge or provincial court judge or clerk the information, the evidence, the exhibits and the statement, if any, of the accused taken down in writing under section 541 and any promise to appear, undertaking or recognizance given or entered into in accordance with Part XVI, or any evidence taken before a coroner, that is in the possession of the first-mentioned judge or clerk. (6) Where a provincial court judge or judge or clerk of the court is notified under paragraph (3)(b) or subsection (4) or (5) that the accused wishes to re-elect, the provincial court judge or judge shall forthwith appoint a time and place for the accused to re-elect and shall cause notice thereof to be given to the accused and the prosecutor. (7) The accused shall attend or, if he is in custody, shall be produced at the time and place appointed under subsection (6) and shall, after (a) the charge on which he has been ordered to stand trial or the indictment, where an indictment has been preferred pursuant to section 566, 574 or 577 or is filed with the court before which the indictment is to be preferred pursuant to section 577, or has been read to the accused, be put to his re-election in the following words or in words to the like effect: You have given notice of your wish to re-elect the mode of your trial.