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Difference between revisions of "Charging Someone with a Criminal Offence"
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Charging Someone with a Criminal Offence (view source)
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{{ | {{REVIEWEDPLS | reviewer = Maurizio Datitlo|date= August 2017}} {{Dial-A-Law TOC|expanded = crime}} | ||
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Typically, for someone to be charged with a crime, the police must recommend charges and a prosecutor (called Crown counsel) must approve the charge. Learn what’s involved in the process. | Typically, for someone to be charged with a crime, the police must recommend charges and a prosecutor (called Crown counsel) must approve the charge. Learn what’s involved in the process. | ||
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===The purpose of the criminal justice system=== | ===The purpose of the criminal justice system=== | ||
The main purpose of the criminal justice system is to bring to justice a person who has committed a criminal offence. It is not to compensate people financially for something wrong done to them. If someone owes you money but has not committed a crime, you can consider suing that person in civil court. See our information on [[Suing Someone in Small Claims Court ( | The main purpose of the criminal justice system is to bring to justice a person who has committed a criminal offence. It is not to compensate people financially for something wrong done to them. If someone owes you money but has not committed a crime, you can consider suing that person in civil court. See our information on [[Suing Someone in Small Claims Court (No. 166)|suing someone in Small Claims Court (no. 166)]]. | ||
===The process in a nutshell=== | ===The process in a nutshell=== | ||
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====If the police decide not to recommend charges==== | ====If the police decide not to recommend charges==== | ||
If the police decide the person should not be charged, they will tell you so, and they will not send a report to Crown counsel. If this happens and you disagree with the officer’s decision, you can ask to speak to the officer’s supervisor. Also, you can file a complaint with the body that oversees the police. See our information on [[Complaints Against the RCMP ( | If the police decide the person should not be charged, they will tell you so, and they will not send a report to Crown counsel. If this happens and you disagree with the officer’s decision, you can ask to speak to the officer’s supervisor. Also, you can file a complaint with the body that oversees the police. See our information on [[Complaints Against the RCMP (No. 220)|complaints against the RCMP (no. 220)]] or [[Complaints Against the Municipal Police (No. 221)|complaints against the municipal police (no. 221)]]. | ||
Alternatively, you can take steps to charge the person yourself. We explain how shortly. | Alternatively, you can take steps to charge the person yourself. We explain how shortly. | ||
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===What happens if the person is charged with a crime?=== | ===What happens if the person is charged with a crime?=== | ||
If a criminal charge is approved, and the case goes to a trial, you may have to testify as a witness, where you will tell the court what you know. See our information on [[Being a Witness ( | If a criminal charge is approved, and the case goes to a trial, you may have to testify as a witness, where you will tell the court what you know. See our information on [[Being a Witness (No. 216)|being a witness (no. 216)]]. If you suffered financial loss, you may be able to get compensation if the accused is found guilty. The judge can make a '''restitution order''', requiring the accused to pay money to someone who suffered a loss. | ||
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