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Chapter 7

SOSC 2652 Chapter Notes - Chapter 7: Sleepwalking

Social Science
Course Code
SOSC 2652
Anna Pratt

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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
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
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