Difference between revisions of "Criminal Charges (1:IV)"
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The attending officers at the scene of an alleged summary conviction or hybrid offence do not always have cause to arrest the suspect. (See Section 495 (2) ''Criminal Code''). When there is no cause to arrest the suspect but the police still intend to forward charges for an offence they will serve an appearance notice on the accused compelling them to appear at a future date and time at a courthouse to face potential charges. See Section 496 ''Criminal Code''. | The attending officers at the scene of an alleged summary conviction or hybrid offence do not always have cause to arrest the suspect. (See Section 495 (2) ''Criminal Code''). When there is no cause to arrest the suspect but the police still intend to forward charges for an offence they will serve an appearance notice on the accused compelling them to appear at a future date and time at a courthouse to face potential charges. See Section 496 ''Criminal Code''. | ||
*'''Note:''' When advising a client with an Appearance Notice, they should be advised that they MUST attend court as directed in the Appearance Notice, but that sometimes they will not be on the court list as the police might not forward charges, Crown might not approve charges or there may be a delay in processing the charges. If a client does not see their name on the court list on the appearance date they should attend the court registry to show them the Appearance Notice and ask if their matter is on any court list. | |||
=== 2. Promise to appear === | === 2. Promise to appear === | ||