SU06: Summary of Facts Flashcards
What is the Summary of Facts?
A document which tells the court exactly what the offender did in committing the offence. It gives the prosecutor relevant factual information concerning the defendant and the faces charged by the defendant.
Who gets the Summary of Facts document?
- The judge
- The prosecutor
When do you have to prepare your case for trial?
If the defendant pleads not-guilty
Is the Summary of Facts still used if the defendant pleads guilty?
Yes, if the defendant pleads guilty the prosecutor reads a Summary of Facts relating to the offending.
What must the caption (top portion) of the Summary of Facts Contain?
- Name in order
- D.O.B
- PRN
- Nature and number of charges
- Act and section and subsection
- Max. Penalty
Who prepares the Summary of Facts?
The O/C case from the officers own personal knowledge and information which appears on the police file.
Who prepares the Summary of Facts?
The O/C case from the officers own personal knowledge and information which appears on the police file.
What is the function of the Summary of Facts?
To outline to the court the defendants actions in committing the offence
What do you add in the circumstances?
The information that proves the elements of the offence
How many number of copies of the SOF are required for the prosecution file?
3
Are we allowed to use speech marks int he SOF’s?
No
How would you refer to each defendant if there is more that one?
Where there are two or more offenders, they are referred to as ‘the defendant SMITH’ and the ‘defendant JACKSON’
