The Final Report on Early Case Consideration of the Steering Committee on Justice Efficiencies and Access to the Justice System

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Background

Criminal Case Flow Management

Changing Legal Culture

The Mandate of the Early Case Consideration Subcommittee

A. Early Police/Prosecution Linkages
Recommendation One: Pre-Charge Involvement of Crown Counsel
Recommendation Two : Standard Checklist for Crown Brief and Disclosure

B. Police Release from Custody
Recommendation Three: Police Education and use of Police Discretion
Recommendation Four: Modernizing Police Powers of Release
Recommendation Five: Information Sheets for Accused Persons

C. Bail/Remand
Recommendation Six: Bail Application Officers
Recommendation Seven: Weekend Bail Courts
Recommendation Eight: Bail Supervision and verification Programmes
Recommendation Nine: Use of Crown Discretion
Recommendation Ten: Reverse Onus Bail Provisions
Recommendation Eleven: Surety Approval Mechanisms
Recommendation Twelve: Court-Detention Centre Communication Protocol
Recommendation Thirteen: Use of Audio/Video Remand Systems
Recommendation Fourteen: Availability of Crown Briefs
Recommendation Fifteen: Bail Hearing Information
Recommendation Sixteen: Expedited Disclosure Following Detention Order

D. Early Resolution Mechanisms
Recommendation Seventeen: Case Management Teams
Recommendation Eighteen: Early and Meaningful Charge Screening
Recommendation Nineteen: Case Conferences Between Counsel
Recommendation Twenty: Judicial Pre-Trials
Recommendation Twenty-One: Judicial Pre-Trial Assignments

E. Case Flow Management
Recommendation Twenty-Two: Maximizing First Appearances
Recommendation Twenty-Three: Full Disclosure to the Accused
Recommendation Twenty-Four: Maximizing Second and Third Appearances

F. Diversion and Restorative Justice
Recommendation Twenty-Five: Increasing the Range of Available Programmes
Recommendation Twenty-Six: Appropriate Considerations for Complementary or Alternative Forms of Justice
Recommendation Twenty-Seven: Equal Justice Initiatives
Recommendation Twenty-Eight: Increased Information for Justice Sector Participants

G. Conclusion and Next Step

Appendix A – Literature Reviewed

Appendix B – Consultations