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Canada (158,054)
York University (12,350)
SOSC 2652 (17)
Chapter 7

Jan 16 Chapter 7.docx

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York University
Social Science
SOSC 2652
Anna Pratt

Chapter 7 Pre-Trial Process • A number of steps are involved in bringing a case to criminal court and a major role is played by Crown Counsel The Role of the Crown Counsel • Crown counsels are involved in a range of activities • They provide advice to police officers at the pre-charge stage • They prepare for trial (for example, they collect evidence from the police and other sources, research case precedents, and interview victims, witnesses and experts who testify) • They prepare for post-trial appeals • Crown counsel are also involved in negotiating pleas, developing trial strategies, managing witnesses, arguing conditions of bail, recommending sentences to the court, and apeealing senteces deemed too lenient Laying an Information and Laying a Charge • The police are usually responsible for laying informations, which are then ratified or rejected by the Crown • Information- a document that briefly outlines an allegation that a person has contravened a criminal law • The police and the Crown exercise a considerable amount of discretion in deciding whether to lay a charge Compelling the Apperance of the Accused in Court • Appearance Notice- If the alleged offence is not serious and the police have no reason to believe the accused will appear in court an appearance notice can be issued followed by the laying of an information • Summons- Another option is for the police to lay the information first, in which case the JP will likely issue a summons, which briefly states the allegation and directs the person to appear in court on a certain day Judicial Interim Release • Bail- the release by a judge or JP of a person who has been charged with a criminal offence pending a court appearance • Bail is overseen by a judicial functionary usually by a JP but by a superior court judge if the offence is a serious one • Persons can be detained by the court only in situations in which it is necessaey to ensure attendance in court; in order to protect the public; and to maintain confidence in the administration of justice Section 11 € if the charter stipulates that any person charged with an offence has the right not to be denied bail without reasonable cause • If the Crown chooses to oppose the release of the accuesed the Crown must demonstrate at a show cause hearing that detention of the accused until trial is necessary • If the JP or judge decides to release the accused, the conditions under which release will take place must be determined • The crown must show cause why conditions should be attached to the release • Accused persons may be required to relinquish their passports, report periodically to the police, avoid contact with the complainant or other witnesses, or not possess firearms • Also may be asked to enter into a recognizance in which they agree to forfeit a set of money if they fail to appear in court • A surety is a friend or relative who agrees to ensure the accused person’s appearance for trial • Accused person who violate the conditions of release or who fail to appear in court at the designated time may have new charges filed against them • The decision to grant bail is influenced by a number of factors including the number of cr
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