Difference between revisions of "If You Receive an Appearance Notice or Summons"
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==What is an appearance notice? What is a summons?== | ==What is an appearance notice? What is a summons?== | ||
Both an appearance notice and a summons are official notices telling a person that they have to appear in court at a specific time and place to answer (or respond to) a criminal charge. | Both an appearance notice and a summons are official notices telling a person that they have to appear in court at a specific time and place to answer (or respond to) a criminal charge. The documents are normally given to you personally (served on you). If you can’t be conveniently found, a summons can be left at your usual or latest place of residence with a person there who appears to be at least 16 years old. Usually, a police officer gives you an appearance notice. | ||
==When are these documents used?== | ==When are these documents used?== | ||
They are used when the law doesn’t require the person to be arrested. For example, the police will arrest a person suspected of a crime (a suspect) if the person is likely to leave the area and not appear in court. Or the police may need to arrest a suspect to establish the person’s identity, or to prevent an offence from happening again. The police may also have to arrest a suspect to preserve evidence or to have a judge impose conditions on the person. But if there’s no reason to arrest a suspect, the person is simply notified (or told) | They are used when the law doesn’t require the person to be arrested. For example, the police will arrest a person suspected of a crime (a suspect) if the person is likely to leave the area and not appear in court. Or the police may need to arrest a suspect to establish the person’s identity, or to prevent an offence from happening again. The police may also have to arrest a suspect to preserve evidence or to have a judge impose conditions on the person. But if there’s no reason to arrest a suspect, the person is simply notified (or told)—by an appearance notice or summons—that they must come to court. | ||
==What’s the difference between an appearance notice and a summons?== | ==What’s the difference between an appearance notice and a summons?== | ||
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==What is the date on your appearance notice or summons?== | ==What is the date on your appearance notice or summons?== | ||
The date on the document is just a “first appearance” date when you can tell the court what you plan to do about the charge against you. It’s not a trial date. At your first appearance in court, the Crown gives you information about the charge against you, called the “particulars.” The Crown may also give you his or her position on the sentence, or penalty, that the judge should give you. Usually, the judge will set another date a couple of weeks later, so you and your lawyer have time to receive and review file materials. | The date on the document is just a “first appearance” date when you can tell the court what you plan to do about the charge against you. It’s not a trial date. At your first appearance in court, the Crown gives you information about the charge against you, called the “particulars.” The Crown may also give you his or her position on the sentence, or penalty, that the judge should give you. Usually, the judge will set another date a couple of weeks later, so you and your lawyer have time to receive and review file materials. | ||
==What if the document has a mistake?== | |||
A mistake can make the document invalid—it depends on how serious it is. For example, if it has the wrong date, it would have to be served again. But if it’s just a small typo, it may not have any effect. If you see a mistake in the document, you should still go to court at the required time. | |||
==What should you do if you get an appearance notice or a summons?== | ==What should you do if you get an appearance notice or a summons?== | ||
Get legal | Get legal advice—speak to a lawyer right away, before you do anything else. | ||
==Summary== | ==Summary== | ||
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[updated | [updated March 2018] | ||
'''The above was last reviewed for accuracy by Jordan Allingham and Paul Briggs, and edited by John Blois.''' | '''The above was last reviewed for accuracy by Jordan Allingham and Paul Briggs, and edited by John Blois.''' | ||