Difference between revisions of "If You Receive an Appearance Notice or Summons"

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{{Dial-A-Law TOC|expanded = criminal}}
{{Dial-A-Law TOC|expanded = criminal}}
An appearance notice and a summons tell a person they must appear in court to respond to a criminal charge. Learn what to do on getting a notice or summons.
An appearance notice and a summons tell a person they must appear in court to respond to a criminal charge. Learn what to do on getting an appearance notice or summons.  


==Understand your legal rights==
==Understand your legal rights==


===What is an appearance notice or a summons===
===Both documents tell someone they must appear in court===
Both an appearance notice and a summons are official notices telling a person they have to appear in court at a specific time and place to respond to a criminal charge.
Both an appearance notice and a summons are official notices telling a person they have to appear in court at a specific time and place to respond to a criminal charge.
If someone is not yet charged with a crime, they might be given an '''appearance notice'''.


If someone is charged with a crime, they might be given a '''summons'''.  
If someone is charged with a crime, they might be given a '''summons'''.  
If someone is not yet charged with a crime, they might be given an '''appearance notice'''.


Both documents say what offence the person has to respond to, and the time and place of their '''first appearance''' in court.   
Both documents say what offence the person has to respond to, and the time and place of their '''first appearance''' in court.   
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If someone is not yet charged with a crime, they might be given an '''appearance notice'''.
If someone is not yet charged with a crime, they might be given an '''appearance notice'''.


For example, say a security guard in a store believes a person shoplifted something. The security guard calls the police. The police might give the person an appearance notice requiring them to appear in court to answer to a charge of theft. But there is not yet a criminal charge. A '''Crown prosecutor''' (also called '''Crown counsel''') has to first approve the charge. The person will learn when they get to court whether the charge was in fact approved, or “laid”.  
For example, say a security guard in a store believes a person shoplifted something. The security guard calls the police. The police might give the person an appearance notice requiring them to appear in court to answer to a charge of theft. But there is not yet a criminal charge. A '''prosecutor''' (also called '''Crown counsel''') has to first approve the charge. The person will learn when they get to court whether the charge was in fact approved, or “laid”.  


A '''summons''' is given to a person once they have been charged with an offence.
A '''summons''' is given to a person once they have been charged with an offence.
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The document will tell you the date of your “'''first appearance'''” in court. You must go to court at that time and date. If you don’t, a warrant may be issued for your arrest, and you could be charged with an offence (failing to appear in court).
The document will tell you the date of your “'''first appearance'''” in court. You must go to court at that time and date. If you don’t, a warrant may be issued for your arrest, and you could be charged with an offence (failing to appear in court).


The first appearance is not a trial. It’s the first step to find out more about the charge against you. The Crown prosecutor will give information (called the “'''particulars'''” or “'''disclosure'''”) about the charge. They may also give you their “'''initial sentencing position'''”, which is the sentence (or penalty) they think the judge should give you.  
The first appearance is not a trial. It’s the first step to find out more about the charge against you. The prosecutor will give information (called the “'''particulars'''” or “'''disclosure'''”) about the charge. They may also give you their “'''initial sentencing position'''”, which is the sentence (or penalty) they think the judge should give you.  


At the first appearance, you can tell the court what you plan to do about the charge. Usually, the court will set another date a couple of weeks later, so you have time to review the information and consider your options.
At the first appearance, you can tell the court what you plan to do about the charge. Usually, the court will set another date a couple of weeks later, so you have time to review the information and consider your options.
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