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Carleton University
LAWS 3307

Laws 3307BTDCRIMINAL PROCEDURE IN A NUTSHELLAges 1217 is considered youthdate of offence is important not the time of arrest Seeing a significant decline in charges in youth cuz of the YCJA Open custodylike a group home you can walk out the door Securedjail AClassification of Offences1Summary Conviction less serious s7872000 andor 6 months jail1some exceptionseg death threats 18 mos jails7351b 2ifis a corporation fine can be up to 10000036 month limitationcant be charge for an offence after 6mnths 4lawyer can appear as agent5trial is in Court of Justice6appeal is to Superior Court and then to Court of Appeal7No Jury choice 2Indictable Felony s743 85 years jail unless otherwise provided diff for youth9s7351ano maximum fine if corporate accused10No limitation on when person can be charged 11Must attend court personally or by designate12Accused has election re mode of trial13Appeal is to Court of Appeal14Choice of jury trial judge or both3Hybrid Crown election offencesIf it has been more then 6 months crown must proceed by indictmentIf crown wants to avoid a jury trial they may also proceed by indictment Supersummary offences crown election offences such as Sexual Assault where the max jail term on a summary election is 18 mnths instead of 6 mnthsA cross between the 2 Crown chooses whether to charge as summary or indictableso crown can choose if they want a higher sentence or lowerB Court structure in Ontario and elsewhere in CanadaOntario Court of Justice OCJ aka Provincial Court Judges appointed by provincial governmentsits in various towns and cities across Ontario includes Youth Justice Court2Deals with adults and youths Hear nothing but criminal cases sometimes CAS cases No possibility of Jury trial Vast majority of cases are dealt with in Prov Court If Crown wants to avoid jury they can choose summary offenceCan appeal to SCJ only if prosecuted under summary offence Superior Court of Justice SCJ federally appointed in some provinces referred to as Queens Benchsits in County seats across OntarioDeals with criminal cases civil and family court Judge alone or can be JudgeJury 117Court of Appeal for OntarioOCA federally appointedsits in Toronto in other provinces sits in provincial capital except Qubec where the QCA also sits in Montral Just Judge Supreme Court of Canada SCC 9 federally appointed judges sits in OttawaSupreme Court of CanadaCourt of Appeal for OntarioOntario Court of JusticeSuperior Court of JusticeAdult courtYouth Justice CourtCivil and CriminalUnified Family CourtSometimes youth court OCofJJudges appointed by Provincial government SCofC hears about 150 cases a year Preliminary Inquiry Purpose is to determine if there is enough evidence to put accused on trial Crown only has to show that there is some evidence and that a jury could possibly find defended guiltyBasically to find out the evidence Crown has on defendant Used for discovery to find out more about the case CCompelling Attendance in CourtCitizens Arrests4941any person may arrest without warrant15a person whom he finds committing an indictable offence16a person who is believed on reasonable grounds to have committed a criminal offence if that person is escaping from people who have lawful authority to arrestCant arrest someone committing a summery offence or hybrid offence prostitution or public nuisance are summary offences s4942property owner or someone authorized by owner may arrest person committing an offence on or against his property for any type of offence Page 3s 4943 arrested person must be delivered to a peace officer forthwithPolice Arrest s495police may arrest without warrant a person who has committed or is about to commit an indictable offence17may arrest a person who he finds committing a criminal offences4952cant arrest without warrant re hybrid or summary conviction offences unless it is necessary to get the persons ID preserve evidence or prevent the offence from being committed again and it is necessary to ensure that the person attends courts496Appearance Notice where officer does not arrest person he can issue an appearance notice in most casess509other way of compelling appearance is by way of summonss497where officer makes arrest without warrant for minor offences he must release the person on summons or appearance notice ASAP unless necessary to detain under the circumstancess499Promise to appear where arrest made with warrantand detained officerincharge may release on PTAs503where person arrested is detained he must be taken before a JP within 24 hoursDBail ss515 ff and 522 murder18Undertakings by JP or officerincharge If accused is released undertakingpromises to abide under certain conditions Suretya responsible adult who can vouch for defendant In canada theres no bail bondsperson has to get money on their own Most Rec are without surety and without deposit19Show cause hearing bail hearing203 Grounds for Detention 1 PrimaryFlight riskCrown will try to show person wont show upJohn Howard societythere for ppl who dont have anyone to vouch for themOr have person check in at police stationCash Bails2 Secondary Ground Risk to the publiccould even be in domestic abuse cases 3 Tertiary Administration of Justice About the publics confidence in Justice System Court can keep this person if for ex Someone is charged with a very violet crime which is clear he will do time for Documents that the accused is released on21Recognizances a promise that is backed up with money 224 types
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