Simplified Chinese | Traditional Chinese | French | Punjabi | Spanish | Vietnamese

Find out how to:

Defence's Case

In a criminal case, it is defence counsel's responsibility to represent the accused to the best of their ability.

Defence counsel in criminal cases do not make judgments about the accused but rather defend the liberty of everyone they represent. Defence counsel's role is to assess Crown's case, assess the evidence an accused may wish to bring out at trial and then try to determine what the trier of fact (the judge or jury) may find to be creditable and believable in the circumstances.

After you have been asked questions by Crown counsel, defence counsel is allowed to ask you questions. This is called cross-examination.

Cross-examination is used for two reasons. First, defence counsel will want to test your memory of events. Second, defence counsel wants to bring out information that did not come out in direct examination. You should understand that cross-examination is intended to check the facts. It should not be viewed as a personal attack. During cross-examination, counsel may ask leading questions or make suggestions to test the truth of the testimony given. All witnesses on both sides of the case may be cross-examined.

After Crown has closed its case, if the defence feels that Crown has not made a good case against the perpetrator, they may ask for the case to be dismissed. Or they can present any evidence or witnesses they have. When a witness is called by the defence, Crown counsel has the right to cross-examine them.

Learn More About

Return to Top of Page