Trial Process

Unit 2

Preliminary Hearing

Only for indictable offences only! Similar to a trial, but usually much shorter. Witness and evidence will be presented. The purpose is to see if the Crown has enough

evidence to justify sending the case to trial. It also gives accused and the defence lawyer a

chance to hear the details of the case against the accused.

If there is enough evidence presented by the Crown, the judge will send the accused to trial. If not, the charges will be dropped.

ARRAIGNMENT

The initial appearance before a judge in a criminal case.

The charges against the defendant are read The defendant's plea is entered. Laying of information (details of the incident and the

charge) that was collected by the informant (usually a police officer)

NOTE: A lawyer is appointed if the defendant cannot afford

one Summary offences-6 month time limit Indictable offences – no time limit.

CROWN’S OPENING STATEMENT

The opening statement to the jury must be based on facts.

Offence committedEvidenceOutline the caseIntend to prove

CROWN - EXAMINATION OF WITNESSES

Crown’s Direct Examination or Examination-in-chief

Witnesses are used in criminal trials to give evidence or testimony.

Witnesses usually make a statement to a police officer. The evidence of the witness is written down in a statement.

Witnesses are compelled to attend court by receiving a subpoena

DEFENCE – CROSS-EXAMINATION

Defence will follow up with a cross-examination of each of the Crown’s witnesses.

The purpose of cross-examination is to check the witness's facts.

It tests the witness's memory of events. It can also bring out vital information that

did not arise in direct examination. "Isn't it true that you…?”

DEFENCE – MOTION FOR DISMISSAL

Once the Crown has finished calling evidence and all witnesses have been cross- examined, the Crown will close its case.

At this time, the defence counsel may make a motion for dismissal/insufficient evidence.

“That the Crown has failed to prove guilt beyond a reasonable doubt.”

Judge may agree and charges dropped OR defence will start its case.

DEFENCE – Their turn!! DEFENCE OPENING STATEMENT

outline of the case that the defence expects to prove

DEFENCE - EXAMINATION OF WITNESSES

Defence’s Direct Examination or Examination-in-chief

Witnesses are used in criminal trials to give evidence or testimony.

Witnesses usually make a statement to a police officer. The evidence of the witness is written down in a statement.

Witnesses are compelled to attend court by receiving a subpoena

Same as what the Crown did earlier!!!!!!!!!

CROWN’S – CROSS-EXAMINATION

SAME as what the defence did earlier!!!!!!! Crown will follow up with a cross-examination

of each of the Defence’s witnesses. The purpose of cross-examination is to check

the witness's facts. It tests the witness's memory of events. It can also bring out vital information that

did not arise in direct examination.

REBUTTAL & SURREBUTTAL

At the close of the defendant’s case, the Crown has the right to reply to or contradict any new factual issues raised by the defence.

Likewise, the defence can have a surrebuttal to contradict the Crown’s rebuttal.

SUMMARY OF THE CASE

Summations –closing statements

If the Defence counsel has called evidence then s/he will be the first to summarize the evidence in the trial.

The Crown will deliver its summation last.

If the Defence counsel did not call evidence, then the order is reversed.

SUMMARY OF THE CASE

The Crown will argue that the only possible conclusion to be drawn from the evidence is that the accused is guilty and is guilty beyond a reasonable doubt.

The Defence will argue that there are many conclusions to be drawn, that the Crown has not proven either the actus reus or mens rea and that reasonable doubt exists.

CHARGE TO THE JURY

The judge gives the jury precise instructions about the law that must be applied to the case. (Ie. Reasonable doubt).

Outlines the facts the Crown must prove in order to establish the guilt of the accused.

Advise jurors of the duties they must carry out when they leave the courtroom to consider their verdict (deliberation).

Judge decides on what is admissible, jury decides on what is believable!!!

THE VERDICT

Read in open court by forepersonMUST be UNANIMOUS!If Not, a hung jury.Judge delares a mistrialMay be grounds for a new trial. (Crown

decides)"This is your verdict, so say you all?

Please stand to confirm your verdict."