Chapter 1 Flashcards
What does ‘justice brought forward’ refer to?
A request to move a court case to an earlier date to address an issue
Why is bringing a case forward beneficial?
Saves time and avoids inconveniencing witnesses, the accused, and the court
Who can request to bring a case forward?
The Attorney General or the accused
What must be done before bringing a case forward?
The request must be made on notice to the opposing party
What is a bail hearing?
A legal proceeding to determine whether an accused person should be released on bail or remain in custody
When must a bail hearing occur after an arrest?
Within 24 hours of arrest or ‘as soon as possible’ if justice is not immediately available
What happens at a bail hearing?
Identification of the accused, reading of charges, presentation of evidence by the Crown and defense, and a decision by the judge
What factors are considered in a bail hearing? (List)
- Seriousness of the charge
- History of criminal behavior
- Flight risk
- Indigenous or vulnerable group status
- Plan for supervision
What can the accused do if they lose their bail hearing?
Appeal the decision in a bail review in superior court
What is a Crown resolution?
A meeting between the Crown attorney and the accused’s lawyer to discuss resolving a case without going to trial
What happens at a Crown resolution?
- Discussion of strengths and weaknesses of the case
- Proposed sentence by the Crown
- Possible resolution suggestions by defense
- Withdrawal or staying of charges by the Crown
- Discussion of witnesses and trial duration
When does a Crown resolution occur?
Before a trial date is set
What happens if a resolution isn’t reached at a Crown resolution?
The case will proceed to trial
Why is a Crown resolution important?
- Helps defense lawyer understand the case
- Assists in planning an effective defense
- Narrows down issues and decides on judicial pre-trial necessity
