Chapter 5 (cont’d)

 When awaiting trial, the accused should consult a criminal defense lawyer  Accused has the right to make suggestions to the lawyer  If there is a serious disagreement, the accused can change lawyers, or the lawyer can withdraw from the case

 Important feature of our criminal justice system as it ensures a fair trial for the accused  Prior to trial, the following must take place:  Crown attorneys: must disclose all evidence to the defence, whether they intend to use it or not  Defence attorney: has to disclose an alibi defence  If the judge or Crown concludes that there is not enough evidence to proceed in the preliminary hearing, charges might be dropped

 Before a criminal trial, both the Crown and the defence may examine all the items and information collected during police investigation  Some of these items may be submitted in the trial as evidence (anything that is used to determine the truth in a court of law)  E.g. weapons, clothing, traces of blood or fluids, fingerprints, etc.  These can help to determine if the accused is innocent or guilty

 Read the case on page 171, and answer the questions provided

 When the accused appears in court, the provincial court judge sets a trial date  Judge indicates which court the case will be tried

 Someone charged with committing a criminal offence enters a plea in provincial court  If accused is pleaded guilty, they are sentenced immediately  If accused pleads not guilty, the provincial court judge sets a trial date

 Preliminary hearing: A court hearing to determine if there is enough evidence to proceed to trial  Court judge decides if the case should proceed with a trial in a higher court  Judge hears Crown evidence and Crown witness testimony if a reasonable case made be made against the accused  The defence does not need to present evidence but can cross-examine the Crown witnesses  Insufficient evidence = charges dropped, accused is free  Sufficient evidence = new trial date is set