Post on 17-Dec-2015
transcript
Laying a charge
1. Arrest - Formally charged with a criminal offence, taken to the station to be booked
Or
2. Appearance Notice - Ordered to appear at court on a specific date to answer to a charge
How long do police have to lay a charge? Indictable offences no statute of limitations for
as long as the accused lives Summary conviction offences 6 months
The Arraignment
First appearance in court Charge formally read in front of a Justice of
the Peace Test the validity of the arrest
Accused is advised to obtain counsel Duty counsel could assist in this regard
Crown might request a show-cause hearing (A.K.A. Bail Hearing) Either released on own recognizance or
remanded in custody
Pretrial Release
Bail – a temporary release of an accused who posts money or some other security to guarantee his or her appearance in court Must be held before a
Justice of the Peace within 24 hours of an arrest
Surety – a person who agrees to make a payment if the accused does not appear at trial
Case Remanded
This means the case is put off until a later date if hybrid - charge is classified crown elects - either summary conviction or
indictable Crown could drop the charges if not enough
evidence (case ends at this point)
Plea Bargaining
Benefits shorter trials saves money provides police with valuable
information Certainty of accused at least
being guilty of something
Criticisms Criminal gets off easy
public loses confidence public becomes cynical
Equity Is it fair to others who
aren’t offered a plea bargain
Victims are not consulted Court system seen as easily
manipulated Police tend to overcharge
Accused agrees to plead guilty to a less serious charge if the crown drops the more serious charge e.g. Murder to Manslaughter
Second Appearance
1. Enter Plea either guilty, not guilty or
a special plea2. Elect court and type of
trial - (if given a choice)A. No choice Most Serious (e.g.
murder) Must be in
superior court Must be a jury
trial Least serious (s. c. and
indictable< five years) must be in
provincial court (judge alone)
If maximum in the criminal code is 5 years or more
1. Superior court - judge and jury
2. Superior court - judge alone3. Provincial court – judge
(Case will be dealt with sooner)
Crimes for which the accused does have a choice of type of trial:
Advantages of Jury Trial
1. Juries more easily manipulated than a judge by a good lawyer
2. Time delays Prepare case More time to reform witnesses become
less reliable
3. Chance of 1 of 12 rather than all or nothing
Advantages of Judge Alone Trial
1. Judges are more predictable not swayed by
emotions not influenced as
easily by lawyers
2. Many cases too technical for juries
3. Judges must give a reason for their verdict
Preliminary Hearing
Provincial Court, Criminal Division To determine if there is enough evidence for
a trial to be held in a higher court Procedure: charge read, plea entered,
witness examined, cross-examined and reexamined, defence could call witnesses (e.g. to establish an alibi), lawyers sum up, Judge rules.
Outcome: Preliminary Hearing
Judge rules:
a) stay of proceedings Or
b) committal for trial defence learns strengths and weaknesses of crown’s
case can enter a new round of plea bargaining
Direct Indictment Crown applies for this. Skip the Preliminary Hearing
and proceed directly to trial Note: Accused could waive right to a preliminary
hearing
Jury Selection
Regulations: must be: 18 years old,
Canadian citizen, never convicted of an indictable offence
can’t be: a lawyer, judge, police officer, prison guard, coroner, student at law, spouse of a lawyer or a police officer, medical doctor, Veterinarian, firefighter, MP, MPP, senator, member of the armed forces, suffering from a mental disorder
Exemptions: recent duty over 70 physical disability interfering
with capacity to act as a juror
Jury Selection Procedures
Names taken from municipal voting lists
100 to 150 people summoned to court
Court clerk spins revolving drum
Names called lawyers say either
challenge (not accepted) or content (accepted)
Jury Selection Procedures (cont…)
responsible for verdict supreme on facts (their
interpretation of the facts overrides all others)
12 members Must be unanimous
(otherwise dismissed as a hung jury)
Can function as 11 or 10 if jurors can’t continue
Sequestered - isolated - all juries when deliberating- some juries throughout the trial - in high publicity cases