Court Prep Handout Flashcards
“When a crime involves a child…..
The police must report this to an agency that is responsible for protecting children such as the Children’s Aid Society (CAS). A worker from the CAS must be present when the child is interviewed.”
Discuss the two options that can occur when someone is charged but not arrested.
- the police can decide to tell the person that a charge will be laid and a summons to go to court will be given to that person later.
- The police can give a person an appearance note, a written notice of the charge that says when the person will have to go to court.
Discuss what takes place at a bail hearing.
- the crown prosecutor will explain to the judge why the accused should stay in jail or why there should be conditions if they are released.
- The defence council will explain to the judge why the accused should be released.
- The judge will decide wether to release the accused or keep him in jail.
When will the judge deny bail?
The judge will deny bail if the accused is a danger to any victim or witness, or if the accused may not show up to court.
What conditions can be attached to an accused on bail?
- Staying in town
- Not having contact with certain people
- Staying away from places such as the school, place of employment of the complainant.
What will happen if the accused breaks his bail conditions?
He may be charged with another offence, held in custody until the trial, or have more restrictive conditions.
What is a plea bargain?
A negotiation between the crown and defence counsel where in exchange for a guilty plea, the crown may reduce, or withdraw some of the charges, or ask the court for a lighter sentence.
What is a preliminary hearing?
It is used to see if the crown shad enough evidence to send the case to trail.
The defence also uses this opportunity to hear the details of the case against the accused.
List what the judge considers when the accused is found guilty.
- the circumstances about the crime.
- the offenders criminal record.
- the offenders personal history.
- the impact of the crime on the victim.
-the amount of responsibility that
is taken by the offender
Why is the judges or jury’s decision not always final?
In most criminal cases a decision at one level of the court system can be appealed to a higher court.
Court interpreter
Translated hired by the court so an accused or witness who speaks another language can understand the trial and give evidence.
Defence attorney
A lawyer who works for the accused. S/he will conduct cross-examinations and make sure the court hears the accused’s side of the story.
The accused
A person charged with committing a crime.
Crown prosecutor
A lawyer who works for the state and represents the queen. A/he works with the victim to provide evidence about the crime.
Investigating officer
The officer that investigated the crime and uses her knowledge about it to help the crown.