The Role of the Assisting Officer

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Chapter 9

• The Role of the Assisting Officer

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Objectives

• Describe the role of the Assisting Officer

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Main Points

• Pre-trial duties
• Confidentiality of communications between
  Assisting Officers and Accused
• Trial duties
• Post-trial duties

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General

• An assisting officer
• is an officer or NCM above the rank of Sgt
  appointed to assist an accused charged under the
  CSD
• is responsible to ensure the accused, before
  making any election for summary trial or court
  martial, is aware of his or her rights and the
  procedures under the CSD

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General

• An assisting officer
• to the extent desired by the accused, shall also
  assist with the preparation and presentation of
  the case when the matter will be tried by summary
  trial
• is not legal counsel and does not act as a
  defending officer - solicitor-client privilege
  does not apply to assisting officers

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Assisting Officer

• Is not to be confused with an attending officer
  appointed under QRO 19.57 when a CF member is
  charged in a civil criminal court.
• An Attending Officer is a representative of the
  CF and attends the court on behalf of the CO. Is
  not appointed to assist or speak for an accused
  in civil court

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Reference for Assisting Officers

• A handbook prepared by JAG is available in
  electronic format on the DIN and from regional
  JAG offices

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When Assisting Officer is Appointed

• Appointed by the CO as soon as practical after
  charge laid
• Assisting Officers name must be recorded in Part
  1 of the RDP

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Who may be Appointed as an Assisting Officer

• Appointed by the CO as soon as practical after
  charge laid
• Assisting Officers name must be recorded in Part
  1 of the RDP

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General Duties of Assisting Officer

• To assist in the pre-election, pre-trial, trial
  and sentencing phases of the summary trial
  process
• Provide assistance to the extent that the accused
  desires to
• prepare the accuseds case
• advise the accused re witnesses
• advise the accused re evidence
• advise the accused on all matters re the charges
  and the trial
• assist and speak for the accused during the trial

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Replacement of Assisting Officer

• Unwilling or unable to act, must be replaced
• Not required to provide reasons for withdrawing
• In the interest of fairness, while the accused
  does not have the right to demand a new assisting
  officer
• a CO should appoint one when the accused is
  dissatisfied or a conflict arises between them
• CO need not appoint a new assisting officer when
  the request is frivolous or vexatious

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Pre-Trial Duties

• Ensure the accused is provided with all
  information relevant to the charge
• Advise the accused re witnesses, evidence and
  rights of accused at summary trial
• assist the accused in the election process

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Duties Regarding the Provision of Information

• Duty of presiding officer to ensure access to any
  evidence
• to be relied on at summary trial
• that tends to show accused did not commit the
  offence
• Must be done in sufficient time to allow the
  accused to consider it (the evidence) in order
• to make an election, if offered one
• to properly prepare the accuseds case for the
  summary trial

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Duties Regarding the Provision of Information

• Accused will be asked if he/she had sufficient
  time. If all relevant information has not been
  provided, presiding officer must grant a
  reasonable adjournment and ensure the information
  is provided

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Duties Regarding Trial Preparation

• Assisting Officer may
• request the accused be permitted to be
  represented by legal counsel at summary trial
• request witnesses be required to attend the trial
• assist the accused to decide which, if any,
  particulars can be admitted
• prepare questions for witnesses

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Duties Regarding Trial Preparation

• Assisting Officer may
• prepare representations regarding guilt or
  innocence of the accused
• prepare representations regarding the appropriate
  sentence if the accused is convicted

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Duties Regarding Trial Preparation

• The assisting officer must make the accused aware
  of his/her rights including
• trial in English or French
• to be assisted by assisting officer to extent
  desired by accused
• to admit particulars of the charge
• to request presence of witnesses
• to present evidence on accuseds own behalf

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Duties Regarding Trial Preparation

• The assisting officer must make the accused aware
  of his/her rights including
• to testify on own behalf, only if accused desires
• to ask questions of witnesses
• to be found not guilty unless presiding officer
  convinced beyond a reasonable doubt
• if found guilty, to present evidence and make
  representations regarding sentence

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Duties Regarding the Election

• Assisting Officer must ensure the accused
• is aware of the nature and gravity of the
  offence(s) charged and maximum punishments under
  the NDA, and

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Duties Regarding the Election

• is aware of the differences between trial and
  court martial including
• right to legal counsel
• powers of punishment
• right to challenge officer conducting the trial
• appointment of a Prosecutor
• charge
• procurement of witnesses
• reception of evidence
• right to appeal

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Consultation with Legal Counsel Regarding the
Election

• Not required to consult legal counsel but must be
  afforded an opportunity to do so
• Where unable to consult counsel, assisting
  officer may request additional time to give
  accused a reasonable opportunity to consult legal
  counsel
• Assisting Officer must ensure the accused is
  provided with the toll-free number to contact
  Defence Counsel Service or can contact civilian
  counsel at his/her own expense

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Communication Between Assisting Officer Accused

• While there is no specific protection, the
  integrity of the assisting officers role, the
  trial system demands that such communications be
  treated in a manner similar to solicitor-client
  communications. The unit legal advisor should be
  consulted before requiring an assisting officer
  to divulge any confidential information
• Assisting Officer who is asked or ordered to
  reveal communications should request the order be
  put in writing and immediately seek legal advice
  from DDCS

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Trial Duties

• Questioning witnesses
• Calling evidence on the accuseds behalf
• Making representations regarding the evidence and
  the guilt or innocence of the accused
• Making representations regarding sentence if the
  accused is found guilty

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Post-trial Duties

• Not the assisting officers responsibility to
  assist a convicted accused with an application
  for review of summary trial
• If member requests assistance, an officer or NCM
  above the rank of Sgt will be appointed

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Chapter 9

• The Role of the Assisting Officer
• The End

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