Criminal Legal Process

Phase 1: Initial Process

Phase 1: Initial Process

1. Arrest

  • Police must have reasonable grounds
  • Charter rights must be read
  • Right to counsel
  • Right to remain silent

2. Booking

  • Fingerprinting
  • Photographs
  • Personal information collection
  • Temporary holding

3. Charges Laid

  • Crown reviews evidence
  • Formal charges drafted
  • Information sworn

Phase 2: Bail Process

Phase 2: Bail Process

1. Bail Hearing

  • Within 24 hours of arrest
  • Surety requirements
  • Conditions of release
  • Show cause hearing

2. Release Conditions

  • Travel restrictions
  • No-contact orders
  • Reporting requirements
  • Curfews

3. Detention

  • Reasons for detention
  • Rights while detained
  • Facility placement

Phase 3: Trial

Phase 3: Trial

1. Preliminary Trial

  • Applicable to indictable (major) offenses only
  • Trial is scheduled if there is enough evidence against accused and accused pleads not guilty
  • Trial and charges can be dismissed if there is insufficient evidence

2. Structure of Trial

  • Prosecutor and defense present evidence to support their case
  • Prosecutors begin the trial
  • Witnesses are called to testify
  • Accused has right to remain silent during trial

3. Trial Procedure

  • Procescutor attempts to prove accused's guilt beyond reasonable doubt
  • Defense attempts to disprove/question prosecutor evidence
  • If guilt beyond reasonable doubt is estalished, accused is charged. Otherwise, accused is aquitted (charges are dropped)

Phase 4: Sentencing and Appeals

Phase 4: Sentencing and Appeals

1. Sentencing

  • If accused is proven guilty beyond reasonable doubt
  • Sentencing depends on severity of crime, circumstances surrounding crime, and degree of accused's involvement
  • Trial and charges can be dismissed if there is insufficient evidence

2. Appeals

  • Court decision can be overturned through appeals to higher courts
  • Higher courts may choose not to consider case verdicts
  • Lower court cannot overturn ruling from a higher court
  • Supreme Court Of Canada is the highest level court

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