Procedure Procedure from Arrest to Trial

Laying a charge 1) Arrest Formally charged with a criminal offence, taken to the station to be booked Or 2) Appearance Notice Ordered to appear at court on a specific date to answer to a charge

How long to lay a charge Indictable offences no statute of limitations for as long as the accused lives Summary conviction offences 6 months

First Appearnace Called an Arraignment 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 Either released on own recognizance or remanded in custody

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)

Plea Bargaining 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

Second Appearance 1) Enter Plea either guilty, not guilty or a special plea 2) Elect court and type of trial - (if given a choice) A) No choice a) Most Serious(e.g. murder)  Must be in superior court  Must be a jury trial b) 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 1) Superior court - judge and jury 2) Superior court - judge alone 3) Provincial court - judge Case will be dealt with sooner

Choose Judge or Jury Advantages of Jury Trial 1) Juries more easily manipulated than a judge by a good lawyer 2) Time delays Prepare case More time to reform witnesses become less reliable 3) Chance of 1 of 12 rather than all or nothing Advantages of Judge Alone Trial 1) Judges are more predictable not swayed by emotions not influenced as easily by lawyers 2) Many cases too technical for juries 3) Judges must give a reason for their verdict

Case Remanded Prepare case Gather evidence research similar cases (persuasive precedents)

Preliminary Hearing Which Court?: Provincial Purpose of: 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. Note: if defence calls the accused the transcript of the preliminary can be entered as evidence later at trial

Preliminary Hearing continued Results of: Judge either rules: eitherstay of proceedings or committal for trial defence learns strengths and weaknesses of crown’s case could 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

Remand for Trial Prepare for trial - more research etc.

Trial begins with the selection of the jury 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

Juries Exemptions Exemptiions: recent duty, over 70, physical disability interfering with capacity to act as a juror

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) Types of challenge Challenge for cause (unlimited number) “not indifferent” too closely related (case p 223) Peremptory challenge (no reason given) 20 for murder, 12 if max > 5 years, 4 if max = 5 years

Facts about juries 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

Juror’s duty Jurors Oath 1) to base verdict solely on the evidence advised not to read papers or watch TV news 2) Will come to a verdict in good conscience (case p 247)