Criminal Procedures Pre Trial Procedures

Overview oCriminal Seizure and Investigation oArrest and Detention oInterrogation of the Accused oElection of Trial Method oPlea Bargaining

Criminal Investigation oAfter 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 oEvidence collected at the scene is called “forensic evidence” oHair and fibre samples oBlood and chemical residue oSigns of forced entry or physical struggle oWeapons oFingerprints or footprint evidence

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

Criminal Investigation 3) Questioning of Witnesses oOfficers interview and question witnesses oRecord statements 4) Photographs of Crime scene oServe as a permanent record oPiece together the crime

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

Rights Upon Arrest oWhen a suspect is arrested, the following will take place: oThe officers will identify themselves as police officers. oThe suspect will be told that he is under arrest. oThe suspect will be advised of the reason for the arrest. oThe officer will take physical control of the suspect. This may be as simple as the officer placing a hand on the suspect’s shoulder. oThe officer will inform the suspect of the following rights: oYou have the right to retain and instruct counsel without delay. oYou have the right to telephone any lawyer you wish. oYou have the right to free advice from a Legal Aid lawyer.

Arrest and Detention o Detention involves legally depriving a person of liberty for the purpose of asking questions. oIt may involve physical restraint oPolice must promptly inform the detainee of the reasons for detention and their right to counsel oi.e. Francis is stopped by police because he fits the description of the perpetrator of an assault that recently happened in the neighborhood. Police ask Francis to accompany them to the police station. Francis is legally obliged to go with the officers but may call a lawyer. If he refuses to accompany them, the police may place Francis under arrest and take him to the station against his will.

Arrest and Detention oOnce under arrest, a person has the right to retain and instruct legal counsel oRight 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

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

Election of Trial Method oAfter arrest and charges are laid, the accused is not automatically released o“ Rule of thumb ”- everyone is released unless there are serious grounds for keeping in custody oPractical and legal grounds oCost oSpace oPresumption of innocence until proven guilty

Election of Trial Method oUpon release, the accused is asked to sign a “ promise to appear ” oAccused 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 oPolice may release on an “ undertaking ” which is an agreement to with specific conditions (must stay in an area, not take drugs etc.)

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

Election of Trial Method oIf 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) oCharter of Rights guarantees a person cannot be denied bail without just cause such as: oBelief she/he will show for trial oPoses a threat to society

Plea Bargaining oPlea bargaining can take several forms including oCrown agreeing to reduce charge oMaking recommendations for a reduced sentence in return for guilty plea