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 committed Evidence Outline the case Intend 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 foreperson MUST be UNANIMOUS! If Not, a hung jury. Judge delares a mistrial May be grounds for a new trial. (Crown decides) "This is your verdict, so say you all? Please stand to confirm your verdict."