The steps in the process
- Reporting a crime to police. The first step to have someone charged with a criminal offence is to report a crime to police.
- The police decide whether to recommend charges.
- The Crown decides whether to approve charges.
- Laying a private information to charge the person yourself.
What evidence is needed to charge someone?
These are: There are reasonable grounds to suspect that the person to be charged has committed the offence. Further evidence can be obtained to provide a realistic prospect of conviction. The seriousness or the circumstances of the case justifies the making of an immediate charging decision.
How long do you have to charge someone in Canada?
In Canada, the only charges that have a statute of limitations are summary conviction offences. Charges for a summary conviction offence must be laid within 6 months of the date of the alleged offence. If the 6-month period passes, you can no longer be charged with a summary offence.
How do I charge someone in Ontario?
If you have evidence or information leading you to believe that someone has committed a crime, you can apply to lay a criminal charge by filing an application with the Ontario Court of Justice. This is called a private prosecution.
Can individuals press charges in Canada?
If you have reasonable grounds to believe an offence has been committed contrary to a provincial or federal statute [e.g.. Criminal Code of Canada], a regulation made under that statute, or a municipal bylaw, you may prosecute the offender yourself.
What 3 things must evidence be to be used in court?
Evidence of whatever type must be both relevant and admissible. Evidence is relevant if it logically goes to proving or disproving some fact at issue in the prosecution.
In considering the evidence needed to ensure a conviction, you should be concerned with:
- relevance;
- admissibility; and.
- weight.
Who decides if someone gets charged?
If the crime is serious, or you have been arrested for it before, the police could pass the case to the Crown Prosecution Service (CPS). The CPS will decide whether to prosecute you.
What are the two types of charges in Canada?
Types of Offences
- Summary offences – These are less serious offences.
- Indictable offences – These are more serious offences and include theft over $5,000, break and enter, aggravated sexual assault and murder.
- Hybrid offences – These are offences that can be dealt with as either summary or indictable.
How do police decide to charge?
Before charging, the CPS must be satisfied that there is enough evidence. This means there must be a realistic prospect of conviction in relation to each accused and for each and every charge.
What happens when you get charged in Canada?
When you are charged with a crime, the police will handcuff you and take you to the police station. You might either be released to wait for your court date or held for a bail hearing, which has to happen within 24 hours. When you are arrested, you have the right to: be told why you’re being arrested.
How long do you have to press charges for assault in Canada?
six months
Pressing assault charges’ time limit in Canada is six months for summary convictions, but there is no time limit for indictable offences. There are two types of criminal procedures in Canada, and it is often up to the prosecution to decide what kind of criminal procedure is followed for an offence.
Can you prosecute someone privately?
A private prosecution is a prosecution started by a private individual, or entity who/which is not acting on behalf of the police or other prosecuting authority. A ‘prosecuting authority’ includes, but is not limited to, an entity which has a statutory power to prosecute.
How much does it cost to bring a private prosecution?
Bringing a private prosecution is difficult
The person prosecuting will need to pay a lawyer if they want legal representation. According the Ministry of Justice’s Legal aid statistics (table 10 in the January to March 2020 publication), the average costs of a private prosecution are around £8,500.
Can you be charged without evidence Canada?
In Canada, the criminal trial process begins with criminal charges and usually an arrest. If the police believe you’ve committed a crime, they may lay charges and put you behind bars. However, they must have strong evidence, including witness statements and various reports, including police, medical or incidental.
How do I press charges for assault in Canada?
If you are the victim of an assault, the first step to pressing charges is to report the incident to the police. If the allegation is a recent assault an officer will be dispatched to the local to collect statements and other evidence.
How long after an offence can you be charged?
Technically, therefore, there is no time limit for the commencement of proceedings in the case of an indictable offence unless specific legislation provides one. However, if there is an excessively long delay in prosecuting an offence, the judge may decide not to hear the case.
What is the strongest type of evidence?
Direct Evidence
The most powerful type of evidence, direct evidence requires no inference and directly proves the fact you are investigating.
What not to say in court?
Do Not Exaggerate, Mislead, or State Anything Untrue. It goes without saying that you should never lie to a judge (that is perjury), but you should also avoid exaggerating the facts or misleading the court about any issue. Most judges can sense when a witness is stretching the truth, and they do not appreciate it.
What is the best evidence in court?
The core element of the best evidence rule is “proof of content.” The rule requires the production of the original of a writing, recording, or photograph only when a party is seeking to prove the contents of the writing, recording, or photograph (e.g. Flynn v Manhattan & Bronx Surface Tr.
What evidence is needed for assault?
Otherwise good reliable eye-witness evidence or good quality photographs accompanied by descriptions of the extent of the injuries will suffice for other summary assault cases.
Can you be convicted without evidence?
Yes, absolutely. If you are charged with a crime and go to trial, the law requires a judge or jury to consider you innocent unless the prosecutor proves that you are guilty beyond a reasonable doubt.