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