The Criminal Case: Step-by-Step
- Investigation. The police conduct criminal investigations.
- Laying a Charge.
- Deciding whether to prosecute.
- Requiring the accused to attend court, entering a plea and bail.
- Types of offences.
- Choice of trial court and election by accused.
- Preliminary inquiry.
- Plea negotiations.
What are the 7 steps to the criminal process?
- Investigation.
- Charging.
- Initial Hearing/Arraignment.
- Discovery.
- Plea Bargaining.
- Preliminary Hearing.
- Pre-Trial Motions.
- Trial.
How does a Canadian criminal trial work?
In Canada, court trials are open to the public, and a transcript is generated which becomes part of the public record. On the day of trial, the Crown Prosecutor will summon their witnesses first. You will then have an opportunity to cross examine them to prove your innocence.
What are the 5 stages of criminal procedure?
The chart summarizes the most common events in the criminal and juvenile justice systems including entry into the criminal justice system, prosecution and pretrial services, adjudication, sentencing and sanctions, and corrections.
What are the 4 stages in a criminal trial?
Stage 1 – service of prosecution case (50/70 days after sending depending upon whether defendant in custody) Stage 2 – defence response (28 days after Stage 1 – includes Defence Statement) Stage 3 – prosecution response to DS and other defence items (14-28 days after Stage 2)
What are the 10 stages of a criminal trial?
Stages of a Criminal Trial
- Stages of a Criminal Trial.
- Voir Dire.
- Opening Statements.
- Prosecution Evidence and Witnesses.
- Motion for Directed Verdict.
- Defense Evidence and Witnesses.
- Closing Arguments.
- Jury Charge.
What are the 9 stages of a criminal trial?
Pre-Trial Stage
- Cognizable offence.
- Non Cognizable offence.
- Production of Accused Before The Magistrate.
- Commencement Of Trial.
- Statements of the Accused.
- Witness of Defence.
- Final Arguments.
- Judgment.
What is a reasonable time for a trial in Canada?
To begin with, any delay that surpasses the ceiling is presumptively unreasonable. For cases heard in provincial court, the presumptive ceiling is 18 months, whereas the ceiling for cases tried in the superior court is 30 months.
What are the 4 levels of criminal court in Canada?
The court system is roughly the same across Canada. Except for Nunavut, each province has three levels: provincial and territorial, or lower, courts; superior courts; and appeal courts. The Nunavut Court of Justice has a single-level trial court.
How long does a charge trial take?
Time between being charged and the first hearing: 34 days. Time between the first hearing and completion at the magistrates’: 9 days. Time between the sending of the case to Crown Court to the start of trial: 119 days.
What is the order of trial in criminal cases?
Trial can be divided into four stages: the opening proceeding, examination of evidence, questioning of the defendant, and the closing arguments.
What are the 12 steps in a trial?
The process is generally as follows:
- Filing a Complaint and Answer (Pleadings)
- Pre-trial motions.
- Jury Selection.
- Opening Statement(s)
- Presentations of Evidence.
- Rebuttal & Surrebuttal.
- Jury Instructions.
- Jury Deliberation.
What are the six phases of a criminal trial?
The procedure includes the manner for collection of evidence, examination of witnesses, interrogation of accused, arrests, safeguards and procedure to be adopted by Police and Courts, bail, the process of criminal trial, a method of conviction, and the rights of the accused of a fair trial by principles of natural
Can CPS drop a case before trial?
Discontinuance. Alternatively, the CPS may simply choose to ‘drop’ the charges, which is known technically as ‘discontinuance’. You do not have to go to court, which will no doubt be a relief. But as opposed to a formal acquittal, the CPS can restart the case at a later date – although the same evidence must be used.
What are the three types of evidence?
Evidence: Definition and Types
Demonstrative evidence; Documentary evidence; and. Testimonial evidence.
What is the golden rule of investigation?
GOLDEN RULE OF CRIME SCENE INVESTIGATION: Do not touch, change or alter anything until it has been identified, measured and photographed.
What are the 5 pillars of criminal investigation?
At the time, each of the five pillars of the criminal justice system – law enforcement, prosecution, courts, corrections and the community – had yet to come to terms with their strengths, weaknesses, challenges and opportunities.
What is the most important stage of the criminal trial and why?
At the heart of any criminal trial is what is often called the “case-in-chief,” the stage at which each side presents its key evidence to the jury. In its case-in-chief, the government methodically sets forth evidence in an attempt to convince the jury beyond a reasonable doubt that the defendant committed the crime.
What are the basics of the trial process?
The trial is a structured process where the facts of a case are presented to a jury, and they decide if the defendant is guilty or not guilty of the charge offered. During trial, the prosecutor uses witnesses and evidence to prove to the jury that the defendant committed the crime(s).
What is the most important stage of a trial?
Many attorneys consider jury selection the most important phase of the trial. Jurors are very powerful because, with no accountability and as the exclusive interpreters of the facts of a case, they can determine a defendant’s fate.
What is the final stage of trial?
Stage Ten – Deliberations and Verdict
The final stage in a federal criminal trial will be jury deliberations and verdict.