1. Criminal Procedures Pre Trial Procedures

2. Overview Criminal Seizure and Investigation Criminal Seizure and Investigation Arrest and Detention Arrest and Detention Interrogation of the Accused Interrogation of the Accused Election of Trial Method Election of Trial Method Plea Bargaining Plea Bargaining

3. Criminal Investigation After a crime has been committed: After a crime has been committed: 1) Crime scene is secured (sealed off so no one except those required to complete the investigation can enter) 2) Scene is searched for evidence Evidence collected at the scene is called “forensic evidence” Evidence collected at the scene is called “forensic evidence” Hair and fibre samples Hair and fibre samples Blood and chemical residue Blood and chemical residue Signs of forced entry or physical struggle Signs of forced entry or physical struggle Weapons Weapons Fingerprints or footprint evidence Fingerprints or footprint evidence

4. Forensic Evidence Forensic analysis involves scientific study of the crime scene. Area of study has revolutionized criminal investigations Forensic analysis involves scientific study of the crime scene. Area of study has revolutionized criminal investigations DNA analysis has enhanced private investigators ability to pinpoint suspects (close to 100% accuracy) DNA analysis has enhanced private investigators ability to pinpoint suspects (close to 100% accuracy)

5. Criminal Investigation 3) Questioning of Witnesses Officers interview and question witnesses Officers interview and question witnesses Record statements Record statements 4) Photographs of Crime scene Serve as a permanent record Serve as a permanent record Piece together the crime Piece together the crime

6. Arrest and Detention Formal arrest occurs when a law enforcement officer has reasonable and probable grounds to believe Formal arrest occurs when a law enforcement officer has reasonable and probable grounds to believe a person has committed or is about to commit an indictable offence a person has committed or is about to commit an indictable offence has an arrest warrant outstanding has an arrest warrant outstanding

7. Arrest and Detention Detention may occur in the following ways: Detention may occur in the following ways: Physical restraint Physical restraint Psychological means (no threat made) Psychological means (no threat made) Giving a demand or direction (legal consequences clear if person refuses demand or direction) Giving a demand or direction (legal consequences clear if person refuses demand or direction)

8. Arrest and Detention Once under arrest, a person has the right to retain and instruct legal counsel Once under arrest, a person has the right to retain and instruct legal counsel Right of habeus corpus (court order that involves bringing a person to court to determine if she/he is being detained legally) is intended to prevent unlawful arrest and detention Right of habeus corpus (court order that involves bringing a person to court to determine if she/he is being detained legally) is intended to prevent unlawful arrest and detention

9. Interrogation of the Accused When a person is arrested, he/she cannot be forced into making a statement to authorities When a person is arrested, he/she cannot be forced into making a statement to authorities Need to be informed of the right to remain silent Need to be informed of the right to remain silent Should accused make a statement, it must be made voluntarily, and with the understanding it may be used as evidence Should accused make a statement, it must be made voluntarily, and with the understanding it may be used as evidence

10. Election of Trial Method After arrest and charges are laid, the accused is not automatically released After arrest and charges are laid, the accused is not automatically released “Rule of thumb”- everyone is released unless there are serious grounds for keeping in custody “Rule of thumb”- everyone is released unless there are serious grounds for keeping in custody Practical and legal grounds Practical and legal grounds Cost Cost Space Space Presumption of innocence until proven guilty Presumption of innocence until proven guilty

11. Election of Trial Method Upon release, the accused is asked to sign a “promise to appear” Upon release, the accused is asked to sign a “promise to appear” Accused may also be allowed to enter into “recognizance” which is a written promise to appear in court on a date or pay a sum of money if he/she does not show Accused may also be allowed to enter into “recognizance” which is a written promise to appear in court on a date or pay a sum of money if he/she does not show Police may release on an “undertaking” which is an agreement to with specific conditions (must stay in an area, not take drugs etc.) Police may release on an “undertaking” which is an agreement to with specific conditions (must stay in an area, not take drugs etc.)

12. Election of Trial Method When accused enters plea, he or she may have option of selecting trial by judge or jury depending on the nature of the crime When accused enters plea, he or she may have option of selecting trial by judge or jury depending on the nature of the crime For example, indictable offense crimes that carry a sentence of 5 years or longer has option of trial by judge or jury For example, indictable offense crimes that carry a sentence of 5 years or longer has option of trial by judge or jury

13. Election of Trial Method If accused has been held in custody by police, an application can be made for bail (posting a sum of money in order to secure release) If accused has been held in custody by police, an application can be made for bail (posting a sum of money in order to secure release) Charter of Rights guarantees a person cannot be denied bail without just cause such as: Charter of Rights guarantees a person cannot be denied bail without just cause such as: Belief she/he will show for trial Belief she/he will show for trial Poses a threat to society Poses a threat to society

14. Plea Bargaining Plea bargaining can take several forms including Plea bargaining can take several forms including Crown agreeing to reduce charge Crown agreeing to reduce charge Making recommendations for a reduced sentence in return for guilty plea Making recommendations for a reduced sentence in return for guilty plea