Pre-Trial ProceduresPre-Trial Procedures

Release before trialRelease before trial Few people charged with a crime are Few people charged with a crime are

held in jail until their trialheld in jail until their trial There must be good reason to keep There must be good reason to keep

someone in custody before the trialsomeone in custody before the trial

The police may The police may release a person:release a person:

1.1. If after some If after some questioning or questioning or investigation the investigation the person does not person does not appear to have appear to have committed the committed the offenceoffence

2.2. If they sign a If they sign a promise to promise to appear appear which is which is a promise to a promise to show up for courtshow up for court

3.3. If they sign aIf they sign a recognizance recognizance which is an which is an agreement to pay up to $500 if the accused agreement to pay up to $500 if the accused does not appear in court for trial.does not appear in court for trial.

If the accused is not released by the police If the accused is not released by the police they are brought before a Justice of the they are brought before a Justice of the Peace within 24 hours for a Peace within 24 hours for a Show Show CauseCause

The Crown must show why the accused The Crown must show why the accused should not be released before trialshould not be released before trial

1.1. They pose a They pose a threat to othersthreat to others

2.2. They might re-They might re-offend if releasedoffend if released

3.3. They might flee They might flee jurisdictionjurisdiction

Some of the reasons why the crown may Show Cause:

4.4. They may not appear for trialThey may not appear for trial

5.5. There is concern that the justice system There is concern that the justice system is not working in the public’s best is not working in the public’s best interest if the accused is releaseinterest if the accused is release

If the JP does not agree with the Crown during If the JP does not agree with the Crown during the Show Cause they can release the the Show Cause they can release the accused and impose any of the following accused and impose any of the following conditions.conditions.

1.1. The accused may be denied association with The accused may be denied association with certain people, or must certain people, or must

remain in a specific area remain in a specific area

or give up their passportor give up their passport

2.2. The accused must pay a recognizance The accused must pay a recognizance with or without with or without sureties sureties which are which are people who will have to pay if the people who will have to pay if the accused fails to appear in courtaccused fails to appear in court

3.3. The accused must make a money The accused must make a money deposit along with the recognizancedeposit along with the recognizance

Preparing an IndictmentPreparing an Indictment

Before any trial the Crown prepares an Before any trial the Crown prepares an Indictment Indictment which is a formal written which is a formal written accusation of the chargesaccusation of the charges

The indictment gives formal notice to the accused The indictment gives formal notice to the accused of the specific chargesof the specific charges

Pre-Trial Conference Pre-Trial Conference

A pre-trial conference is usually held after A pre-trial conference is usually held after the indictment has been preparedthe indictment has been prepared

At the conference the judge, Crown and At the conference the judge, Crown and Defence discuss issues related to the Defence discuss issues related to the trialtrial

The Crown must make full disclosure to the The Crown must make full disclosure to the defence of any evidence that has been defence of any evidence that has been obtainedobtained

Plea Bargain Plea Bargain

Many people charged with a crime admit to Many people charged with a crime admit to it but when someone pleads not guilty it but when someone pleads not guilty the Crown may offer a the Crown may offer a Plea BargainPlea Bargain

A Plea Bargain is an agreement between A Plea Bargain is an agreement between the Crown and Defencethe Crown and Defence

It may include:It may include:

1.1. Reduction in the original chargeReduction in the original charge

2.2. Withdrawal of pending chargesWithdrawal of pending charges

3.3. Recommendation of sentence Recommendation of sentence (reduction of sentence)(reduction of sentence)

4.4. Prosecution of summary rather than Prosecution of summary rather than indictable offenceindictable offence

5.5. Avoidance of a prison sentenceAvoidance of a prison sentence

6.6. Recommendation not to apply for a Recommendation not to apply for a harsher penalty if there is a previous harsher penalty if there is a previous convictionconviction

Preliminary HearingPreliminary Hearing

An accused charged with an indictable An accused charged with an indictable offence may choose trial by judge alone offence may choose trial by judge alone or by judge and juryor by judge and jury

The accused has the option of a The accused has the option of a preliminary hearingpreliminary hearing

The purpose of the preliminary hearing is The purpose of the preliminary hearing is to weed out weak cases and give the to weed out weak cases and give the accused a chance to see the Crown’s accused a chance to see the Crown’s casecase

At the hearing the witnesses are called, At the hearing the witnesses are called, examined and cross-examinedexamined and cross-examined

The defence does not have to call The defence does not have to call witnesses and in almost all cases does witnesses and in almost all cases does not.not.

The Crown only has to show they have The Crown only has to show they have sufficient evidence not prove beyond a sufficient evidence not prove beyond a reasonable doubt.reasonable doubt.

The judge may order a publication banThe judge may order a publication ban

The accused may wave their right to a The accused may wave their right to a preliminary hearing if:preliminary hearing if:

They plead guiltyThey plead guilty They want to proceed to trial quicklyThey want to proceed to trial quickly They want to avoid further expenseThey want to avoid further expense They want to avoid negative publicityThey want to avoid negative publicity