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