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4.4 Arrest and Trial Procedures

The document outlines the process from arrest through trial, including laying charges, arraignment, pretrial release or bail, entering a plea, electing a court and trial type, the roles of the judge, crown prosecutor, defence counsel, jury, witnesses, and the different types of evidence that may be presented. Key steps include arrest, appearance in court, bail hearing, entering a plea, and presenting evidence and witness testimony to argue the case.

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12 views15 pages

4.4 Arrest and Trial Procedures

The document outlines the process from arrest through trial, including laying charges, arraignment, pretrial release or bail, entering a plea, electing a court and trial type, the roles of the judge, crown prosecutor, defence counsel, jury, witnesses, and the different types of evidence that may be presented. Key steps include arrest, appearance in court, bail hearing, entering a plea, and presenting evidence and witness testimony to argue the case.

Uploaded by

Alex Smith
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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Arrest and Trial

Procedures
Learning Goal – I will be able to describe the
processes of arresting a suspect to the processes
and roles of key participants involved in a
criminal trial and explain the rules of evidence.
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
The Arraignment

• First appearance in court


• Charge formally read in front of a Justice of the Peace
• Test the validity of the arrest
• Accused is advised to obtain counsel
• Crown might request a show-cause hearing (A.K.A. Bail
Hearing)
• A judicial hearing in which the Crown or the accused has to
convince the Judge either to detain or release the accused before
trial.
Pretrial Release
• Bail – a temporary release of
an accused who posts money
or some other security to
guarantee his or her
appearance in court
• Must be held before a
Justice of the Peace within
24 hours of an arrest
• Surety – a person who agrees
to make a payment if the
accused does not appear at
trial
Second Appearance
1. Enter Plea
• either guilty, not guilty
2. Elect court and type of trial - (if given a choice)
• Most Serious (e.g. murder)
• Must be in superior court
• Must be a jury trial unless the accused and
the Crown consent to a trial by judge alone.
• Least serious (e.g. breaking and entering)
• must be in provincial court (judge alone)
The Players

• Judge
• Appointed by
government
• Full control of
courtroom
• Decides question of
guilt (when there is no
jury) and sets sentence
The Players continued
• Crown prosecutor
• Hired by the government to
ensure that justice is done
• Burden of Proof – must prove
guilt beyond a reasonable
doubt
• Must present all evidence

• Defence Counsel
• Represents the accused to
ensure that their legal rights
are protected
The Jury

• 12 people chosen at
random.
• Decide the verdict –
guilty/not guilty.
• Selected randomly
from electoral polling
lists.
Witnesses

• List of Crown witnesses must be given to


the defence prior to the trial
• Witnesses usually appear voluntarily
• Must swear an oath
• Perjury – knowingly giving false
testimony.
• May be served a subpoena – a
court order requiring the witness to appear
in court on a certain date to give evidence.
• Refusal to appear – arrest warrant and
detained for 30 days
• If justified (Judge’s decision) may be
detained 90 days, found guilty of
contempt of court
Types of Evidence
1. Direct Evidence
• Testimony given by a witness to prove an alleged fact. The most
common type is an eyewitness account of the crime.

2. Physical Evidence
• DNA, fingerprints, etc.

3. Hearsay Evidence
• Something that someone other than the witness has said or written
• Usually not admitted in court
• Admissible: quoting a dying person if that evidence would have
been admitted if the person had lived or proof a statement was made
Types of Evidence continued
4. Opinion Evidence
• What an expert witness thinks about certain facts of a case
• Must be on topic that is outside the “experience and knowledge of a judge or
jury”, and relevant to the case

5. Character Evidence
• To show negative characteristics and previous convictions
• Crown: Limited in its use – jury must decide on facts of case not character
of the witness or their history
• Defence: introduced to support accused credibility. Once witness is
introduced, the Crown is then permitted to question!

6. Photographs
• Must be a accurate portrait of the crime scene
Types of Evidence continued
7. Electronic devices and video surveillance
• Admitted in court only if Criminal Code procedures have been
strictly followed
• Warrants , not private conversations….
• Without authorization – to prevent an unlawful act that could cause
physical harm
• Video surveillance (public spaces)

8. Confessions
• Accused acknowledges the charge
• Accused must be advised of the right to legal counsel before making
a statement – otherwise confession is inadmissible

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