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The courts overview- jan 10 2013.docx

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Social Science
SOSC 2652
Anna Pratt

The courts overview: Jan 10 2013 - Main goal of the court- do justice with accordance to the criminal jsutie system - Protect the right of people in conflict with the law- no other part of the cjs carries this much burden as the court. - Court must carry out justice independently from the influence of government and politics - The decision and process that take place in the court are influence by decision which take place early in the process - Court are referred to as a monitoring function of the crown, they hear the strength and cases of the crown - Classification of offence - Summary conviction- can only be tried by provincial judge sitting alone and only within 6months - These cases take a small amount of time - Indictable- these can be tried in different courts depending on the seriousness of the offence, entail more serious penalties - There is a effort to extend protection to the accused. For example the accused might want to have his or her cases heard by a judge - The way in which a offence is classified has an enormous impact on where the cases can tried, which level will hear the case - Hybrid- crown has the power to proceed the offence as a summary or indictable - The ability for the crown to choose has an impact on the accused and also opens up possibility of inconsistency in the decision which are made - Jurisdiction - Courts are structured hierarchal - You cannot be convicted for a crime you have committed outside Canada - Court have territorial jurisdiction - Provincial and terroritial court are the lowest court, all the criminal cases start from his - Mostly summary but must indictable cases are heard here - Provincial superior courts (higher courts) - Judges are appointed and paid for by province - Provincial court of appeal- only hear appeals form criminal and no criminal cases - Supreme court of Canada- does not hear trails but hears appeals from provincial court of
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