Awaiting Trial

1. Awaiting Trial

2. First Court Appearance • Accused enters a plea to the charge. • About 90% of accused plead guilty! • For a summary conviction (a fairly minor criminal action) the judge will sentence immediately. • For an indictable conviction (a more serious criminal action) the judge will remand the case for up to 8 days before sentencing.

3. Preliminary Hearing – Not Guilty Plea • Allows a Provincial Court Judge to decide if there is sufficient evidence to proceed with a trial in higher court. • The Crown has to make a prima facie; it must present enough evidence to convince a judge that a reasonable jury could find the accused guilty.

4. Awaiting Trial • On the other hand, the Defence will put forward its evidence and/or arguments to prove that the Crown does not have a case. • If the Defence’s evidence/arguments are strong enough, charges will be dropped and no trial will take place.

5. Preliminary Hearing – Not Guilty Plea • Here, the Defence obtains more evidence against the accused. • The Defence can cross-examine. • The accused can waive the right to a preliminary hearing and go right to trial. • This usually happens when the Crown discloses its evidence at the first court appearance.

6. Assignment • Read pages 202-209 in All About Law. • Answer questions 1-10