Post on 18-Jan-2018
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The Criminal Trial
Before the Trial
Rights, Obligations and Procedure
Chapter 8
Getting the Accused to Court• Appearance Notice
• given to accused at scene of crime
• shows date, time and location of court
• must be signed by accused
• only for summary conviction offences
• Summons• a court order
• police officer must present an information to the court
• a form which states that the law has been broken
• may be mailed or hand delivered to accused
• if accused does not appear in court, then warrant issued
Getting the Accused to Court• Arrest
• when a person is seized or touched by the police for the purpose of detention
• physical force is not always necessary
• for serious crimes
• With a Warrant• court order after an information is laid
• only if it is in the public interest
• seriousness of the charge
• will the accused show up for trial
• accused is taken into custody
Getting the Accused to Court• Arrest – Without a Warrant
• if the police see the crime being committed
• if the police have “reasonable and probable grounds to believe that . . . “
a crime has been or is about to be committed
• for summary conviction, arrest only if police see crime committed or if person is “freshly pursued”
• if “breach of the peace” ( riot)
• arrest if:
• 4 conditions (text P. 127/138)
Getting the Accused to Court
• Citizen’s Arrest• DON’T
• is legal, but very dangerous
• Arrest by Private Security Guard• job is to protect property from fire, theft or vandalism
• may arrest if:
• “reasonable and probable grounds” (observe the crime)
• turn arrested person to police at first opportunity
Rights and Obligations at Time of Arrest• Citizen
• right to remain silent
• innocent until proven guilty
• right to not incriminate oneself
• right to know the reason for the arrest
• right to an attorney
• cannot be questioned if request attorney
• But
• good idea to co-operate with police where possible
• what about an illegal arrest?
• fight it in court (right of habeas corpus), not on the street
Rights and Obligations at Time of Arrest
• Police Officer • requires only “reasonable and probable grounds to believe
that . . .”
• to make an arrest or provide an information to a judge
• Obligation to tell the accused their rights
• if a person refuses to identify themselves, police may arrest
• obligation to record anything the accused says (unless council is requested)
• right to use as much force as necessary to effect the arrest
Police Power of Search
• With a Warrant
• issued by a justice of the peace after an information is filed
• any “building, receptacle (container) or place”
• must name the item being sought, BUT any evidence of a crime may be seized (different in the United States)
• usually during the day
• may be obtained by computer
Police Power of Search• Without a Warrant
• any person who has been arrested
• any place under the control of the arrested person (their home, car, place of business, etc)
• for certain offences
• weapons offences (section 101 C.C.)
• Controlled Drugs and Substance Act for illegal narcotics (but not a dwelling place)
• illegal search
• fight it in court, not at the door
- remember, the police can use whatever force is necessary
After The Arrest• Do you go to Jail?
• Not usually - at least not right away
• Pre-Trial Release• Charter of Rights and Freedoms states “innocent until proven guilty beyond a reasonable doubt”
• most people accused of a crime get ‘bail’ (pre-trial release) also known as judicial interim release
• either at the discretion of the officer in charge of the lock-up or a hearing before a justice of the peace
• if there is no longer a reason for the arrest
• accused signs a promise to appear
• a recognizance is posted (a money guarantee)
• a surety is required (a person who vouches for the accused
After The Arrest• The Bail Hearing
• must be within 24 hours of arrest and detention, or as soon as possible
• Crown must show cause why the accused should not be released
• Why?
• Reasons for continued Detention
• accused may not show up for court
• public safety, public interest
• will the accused commit further crimes (criminal record)
• Conditions of Release
• not to leave the area, not to associate with certain people