Applying for Particulars

Section 587 of the Code gives the trial Court authority to order the Crown to furnish particulars where it is satisfied that particulars are necessary for an accused to receive a fair trial. Where a particular is delivered pursuant to section 587, a copy of the particular is given without charge to the accused or her counsel and it is entered in the record and the trial proceeds in all respects as if the information or indictment has been amended to conform with the particular. While the matters described in subsection 587(1)(a) to (g) may be the subject of an order for particulars, these are not exhaustive of what might be ordered. Thus, the true function of particulars is to give further information to the accused of that which the prosecution intends to prove so that she may have a fair trial.

2022 Criminal Trial Strategies - Patrick J Ducharme

The above is the an excerpt of Criminal Trial Strategies, available at Amazon or in bulk through MedicaLegal Publishing.

Read or listen to the Preface and Introduction and subscribe to Patrick Ducharme’s Youtube Channel.