1. Procedures After Arrest
Pre-Trial Procedures
Procedures After Arrest
CLU3M

2. Laying a charge
Arrest - Formally charged with a criminal offence, taken to the station to be booked Or
Appearance Notice - Ordered to appear at court on a specific date to answer to a charge

3. 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

4. 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
a duty counsel is a lawyer paid by Legal Aid Ontario who provides limited legal services in criminal matters to people who arrive at court without representation,
The onus is generally on the Crown to show cause why the accused should not be released (a bail hearing is also called a "show cause" hearing). In some situations, the onus is switched and it is the accused who must show cause why he should not be detained. For example:
if he is charged with an indictable offence allegedly committed while he was on a release for an earlier indictable charge that is still pending, e.g., a driver facing an impaired driving charge who is charged with a new drinking and driving offence; a person facing an assault charge who is arrested on another assault charge (if the Crown has elected summarily on the first charge, it is no longer considered indictable and it is the Crown that must show cause)
if he is charged with an indictable offence and is not ordinarily resident in Canada
if he is charged with failing to comply with a condition of a recognizance or undertaking, or failing to attend court or appear for fingerprinting, while he was on release for an earlier charge that is still pending
if he is charged with trafficking or possession for the purpose of trafficking in heroin, cocaine, more than three kilograms of marijuana or hashish, or importing any amount of these drugs

5. 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

6. 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)

7. Plea Bargaining Benefits Criticisms shorter trials
Accused agrees to plead guilty to a less serious charge if the crown drops the more serious charge e.g. Murder to Manslaughter
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

8. Second Appearance
Enter Plea
either guilty, not guilty or a special plea
Elect court and type of trial - (if given a choice)
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)
Crimes for which the accused does have a choice of type of trial:
If maximum in the criminal code is 5 years or more
Superior court - judge and jury
Superior court - judge alone
Provincial court – judge (Case will be dealt with sooner)

9. Advantages of Jury Trial
Juries more easily manipulated than a judge by a good lawyer
Time delays
Prepare case
More time to reform
witnesses become less reliable
Chance of 1 of 12 rather than all or nothing

10. Advantages of Judge Alone Trial
Judges are more predictable
not swayed by emotions
not influenced as easily by lawyers
Many cases too technical for juries
Judges must give a reason for their verdict

11. 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.

12. Outcome: Preliminary Hearing
Judge rules:
stay of proceedings Or
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

13. 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

14. 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)

15. 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

16. Juror’s duty Jurors Oath: to base verdict solely on the evidence
advised not to read papers or watch TV news
Will come to a verdict in good conscience