The ReeveLaw Blog – Page 18 – Criminal Defence Law Blog

HMMMM … I WONDER – “Would the result have been different if the accused had been a female, and one of the officers had been a male? However, Golden also recognizes that strip searches can be particularly traumatic for women and minorities, and so the analysis will not necessarily be identical across all genders and races of accused persons.” SO … NO.

https://www.lawtimesnews.com/practice-areas/criminal/female-officers-strip-search-of-male-lawful-in-exigent-circumstances-ontario-court-of-appeal/369788?utm_source=GA&e=ZGpyZWV2ZUBiZWxsbmV0LmNh&utm_medium=20220913&utm_campaign=LTW-Newsletter-20220913&utm_content=60340243-7A36-40AE-831C-5923AFD1310D&tu=60340243-7A36-40AE-831C-5923AFD1310D

MOURNING BANDS AND WEEPERS – Over 40 years in court litigation and I had no idea what these were.

https://sirhenrybrooke.me/2017/08/04/mourning-bands-and-weepers/

Queen’s Counsel (Q.C.) becomes King’s Counsel (K.C.). Criminal prosecutions cited as R. v. (name) now stands for Rex instead of Regina. Queen’s Bench Division becomes King’s Bench Division … and so on.

https://www.legalcheek.com/2022/09/lawyers-enter-new-era-of-kcs-and-rex-v-criminal-prosecutions/#:~:text=Her%20death%20marks%20an%20important,on%20social%20media%20and%20elsewhere.

Do you believe in Legal Aid?

https://www.youtube.com/watch?v=01Trqz0WY-Q&ab_channel=polishbulldogs

It’s the law.

LESSONS WE CAN LEARN – “The government’s depletion and degradation of the criminal justice system is the reason that it is in the state that it is.” “The young criminal bar keep the system working. But you can’t make them do a job that they cannot afford to do.” “Barristers in their first three years, who are self-employed, can take home little more than £12,000 (US$14,203) a year, according to the Criminal Bar Association.”

https://www.canadianlawyermag.com/business-news/britains-once-prized-criminal-courts-are-well-and-truly-broken/369393?utm_source=GA&e=ZGpyZWV2ZUBiZWxsbmV0LmNh&utm_medium=20220830&utm_campaign=LTW-Newsletter-20220830&utm_content=60340243-7A36-40AE-831C-5923AFD1310D&tu=60340243-7A36-40AE-831C-5923AFD1310D

GO TO THE SOURCE – Here is the redacted affidavit to obtain a warrant for the search of Mar-A-Lago. No need to listen to what someone tells you it says.

https://www.politico.com/f/?id=00000182-daec-dfd1-adef-dafe79d30000

HOW MUCH INFORMATION DOES A SEARCH WARRANT CONTAIN? Not much. Police obtain a search warrant by filing an affidavit to obtain that warrant. In that affidavit is documented in great detail all of the investigative steps and evidence to establish reasonable grounds to believe that specific offences have been committed and that further evidence will be found at the location of the search. The affidavit is the document with the whole story. The warrant itself is the order authorizing the police to conduct the search. No further information is provided on the warrant.

MAR-A-LAGO RAID? Let’s be clear that the search of Trump’s Mar-a-Lago residence was not a “raid”. It was a judicially authorized search issued upon sworn evidence of reasonable grounds to believe that an offence was committed, that there is likely to be evidence of the crime located at that place, and that other investigative techniques have not been successful.

JAIL SENTENCE CREDIT – A sentence of incarceration is to be reduced by crediting 1) 1.5 to 1 for every day of pre-trial custody (to compensate for the loss of statutory remission) and may be reduced by 2) an undetermined credit for onerous and harsh jail conditions (Duncan credit) and 3) an undetermined credit for restrictive judicial release conditions (Downes credit). Of the remaining balance, statutory remission is granted after 2/3 is served.

https://www.canadianlawyermag.com/practice-areas/criminal/ontario-court-of-appeal-reduces-marijuana-producers-sentence-for-onerous-incarceration-conditions/368789?utm_source=GA&e=ZGpyZWV2ZUBiZWxsbmV0LmNh&utm_medium=20220808&utm_campaign=CLW-Newsletter-20220808&utm_content=60340243-7A36-40AE-831C-5923AFD1310D&tu=60340243-7A36-40AE-831C-5923AFD1310D