Rules of the Ontario Court of Justice in Criminal Proceedings (SI/97-133)
Full Document:
Regulations are current to 2012-05-14
FORM 8
ORDER RELEASING EXHIBIT(S) FOR SCIENTIFIC TESTING
Information No.
ONTARIO COURT OF JUSTICE
((specify) Region)
BETWEEN:
HER MAJESTY THE QUEEN
(indicate whether applicant or respondent)
and
(specify name of accused)
(indicate whether applicant or respondent)
ORDER RELEASING EXHIBIT(S) FOR SCIENTIFIC TESTING
(Criminal Code, Subsection 605(1))
(Rules of the Ontario Court of Justice in Criminal Proceedings, Rule 20, Form 8)
UPON THE APPLICATION made on the
day of
, (year), by counsel of record on behalf of the
for an order releasing for purposes of scientific tests and examination of certain exhibit(s) currently in the custody of the Court;
AND UPON reading the Notice of Application dated
, (year) and the Affidavit(s) of
, sworn
, (year) and hearing the submissions made:
IT IS ORDERED that Exhibit(s) (specify number(s) briefly describe exhibit(s)) be released from the custody of the Clerk of the Ontario Court of Justice, subject to the following terms and conditions:
- (a)that the exhibit(s) should be released forthwith to
, who shall take such reasonable steps as he or she is advised by the proposed examiners to maintain the integrity of the exhibit(s) for scientific testing; - (b)that the reasonable expenses of this examination shall be paid by the (specify prosecutor or accused);
- (c)that all reasonable steps shall be taken to preserve the samples for any further or other scientific testing;
- (d)that the results of the testing, together with any supporting or preliminary material, be disclosed to counsel for the accused forthwith upon the preparation of a report of such finding, if any;
- (e)that there be no further or other testing or examination of the exhibit(s) or any product or result of such testing or examination, which is not disclosed to both parties through their counsel, both counsel undertaking that they will not direct, authorize or request any testing or examination of the exhibit(s) or anything produced by such testing or examination, without the consent of and complete disclosure to the party opposite through counsel;
- (f)that upon the completion of such testing the exhibit(s) shall be returned to the custody of
, who shall take all reasonable steps as he or she is advised by the examiners to maintain the integrity of the exhibit(s) for further scientific or other examination, if ordered, and for their presentation at the preliminary inquiry or trial; - (g)that the making of the application, the submissions made, the reasons given and the result shall not be disclosed prior to the preliminary inquiry or trial of the accused, or until further order of this Court;
- (h)(state any other reasonable conditions required by the circumstances of the case).
Dated at
, Ontario, this
day of
, (year).
