Chapter 8- Prosecution Of Criminal Cases

Question 0

Appearance notice

Answer 0

Sets out details of the allegation against the accused person, provides court date and warns that failure to appear is a criminal offence.
May be asked for fingerprints

Question 1

Role of crown counsel

Answer 1

They collect evidence from police and interview victims,witnesses and experts. Prepare for post trial appeals. Negotiating pleas, managing witnesses,arguing conditions of bail,appealing sentences deemed too lenient

Question 2

Summons

Answer 2

Justice of peace will issue a summons and directs person to appear in court. Fingerprints as well.
Judge may issue a bench warrant for his arrest if doesn’t appear and received the summons

Question 3

Arrest

Answer 3

Only three times that immediate release may not occur

1) serious indictable offence carrying max of 5 years or more
2) police have reasonable grounds to believe they won’t appear in court
3) police have reasonable grounds to believe it is necessary for the public to detain the accused

Question 4

Judicial interim release (bail)

Answer 4

Release of a person who has been charged with a criminal offence
May be asked to forfeit a set amount of money if they fail to appear.

Question 5

Surety

Answer 5

Friend of relative who agrees to ensure the accused persons appearance for trial
May have to forfeit set amount of money

Question 6

Influences of factors on bail

Answer 6

Number of criminal charges pending
Whether the accuse has a fixed address
Prior criminal activity

Question 7

Statutory conditions for bail

Answer 7

Reporting to bail supervisor
May require abstaining from alcohol or drugs
Being under house arrest
Or not having contact with certain persons.

Question 8

Remand

Answer 8

Status of accused persons in custody awaiting trial or sentencing.

Question 9

Security certificates

Answer 9

Non Canadian citizens who are deemed to be a threat to the security of the country can be held without charge for an indefinite time

Question 10

Plea bargaining

Answer 10

Agreement whereby an accused pleads guilty in exchange for the promise of a benefit.
Ex:crown promise possibility of a lower sentence by withdrawing some charges

Question 11

Disclosure of evidence

Answer 11

Included names addresses of the persons crown intends to call as witnesses. Results of any examinations or tests on the accused
Materials from wiretap a and surveillance and names of expert witnesses

Question 12

Stay of proceedings

Answer 12

Act by the crown to terminate or suspend court proceedings after they have commenced

Question 13

Flow of cases through the Canadian court system

Answer 13

Offence reported to police then charges laid. Initial appearances
Either proceed indictable or summary conviction and proceed to appropriate trial

Question 14

Publication bans

Answer 14

Identity of the complainant or of a witness will not be published. Applies with cases of incest,sexual assault or sexual offence involving children

Question 15

NCRMD

Answer 15

Not criminally responsible on account of mental disorder.

May send them to a hospital or conditional or absolute discharge. Subject to annual review boards

Question 16

Automatism

Answer 16

State of impaired consciousness in which an individual though capable of action has no voluntary control
Ex: sleepwalking

Question 17

Intoxication

Answer 17

Accused not criminally liable because they could not have formed the men’s rea

Question 18

Consent

Answer 18

Complainant voluntarily agreed to engage in the activity in questions
Ex: two individuals in a fight

Question 19

Wrongful convictions

Answer 19

Almost always a consequence of a series of events. Including tunnel vision on the police and the crown, mistaken eyewitness,false confessions