POLI 319 Lecture Notes - Lecture 6: Indictable Offence, Summary Offence, Mootness
13 May 2018
School
Department
Course
Professor
Victims rights in criminal process
Wednesday, February 14, 2018
1:54 PM
• Typology of offences
• Indictable offences
• Serious offences that touch upon most important moral and social values. For ex: Murder, sexual
assault, fraud, terrorism, theft over $5000
• Fines and imprisonment are higher
• Tried in S.96 (most serious) or in S.92 courts (less serious)
• Summary offences
• Less serious offences
• Tried before S.92 courts
• Procedure is expedited
• For ex: disturbances, prostitution
• Hybrid offences
• Criminal Process
1. Police investigation
2. Bail hearing: Prove to the judge that you do not need to be detained, nor fear of fleeing or harm
to others
3. Initial appearance: Plead guilty or not guilty
• Indictable offence: Accused challenging the evidence of the prosecutor in order to avoid trial.
• Trial by judge: If there is enough evidence, enter trial procedure
4. Trial: Complex amount of time where the judge will hear evidence from both sides.
5. Acquittal or Guilty
6. Sentencing: If guilty, need to determine sentence/punishment
7. Appeal:
• What role does the victim play in the court room?
• Victim impact statement: can be used to harshen sentence
• Can testify as a witness
• They trigger the process to commence by notifying the police to being a police investigation
• Victim plays a role of a third party
• What are victims rights?
• Impact statement at sentencing and parole hearing
• Services and compensation schemes through fine surcharges:
• Restitution to victims
• 2015 victims Bill of Rights
• Information
• Protection
• Participation
• Restitution
• Midterm Format
• Definition questions
• What is territorial jurisdiction?
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