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Difference between revisions of "Criminal Charges (1:IV)"
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#receive an appearance notice or a promise to appear from the police; | #receive an appearance notice or a promise to appear from the police; | ||
#receive a summons (in the mail or personally); or | #receive a summons (in the mail or personally); or | ||
#be arrested and kept in custody until he or she is brought before a judge or JP (Justice of the Peace). | |||
An accused person will have received an appearance notice or a summons requiring him or her to attend court. Such an appearance notice indicates that the police officer involved in the case believes that he or she has a case against an accused. After an appearance notice is issued, the police officer forwards a package to the Crown for charge approval. Usually such charges are approved by the Crown prior to the first appearance in court. By the time an accused attends court, an Information will likely have been sworn. The accused person must attend court on the date required by the appearance notice or summons. If he or she fails to attend court, a warrant for the accused person’s arrest will usually be issued. | An accused person will have received an appearance notice or a summons requiring him or her to attend court. Such an appearance notice indicates that the police officer involved in the case believes that he or she has a case against an accused. After an appearance notice is issued, the police officer forwards a package to the Crown for charge approval. Usually such charges are approved by the Crown prior to the first appearance in court. By the time an accused attends court, an Information will likely have been sworn. The accused person must attend court on the date required by the appearance notice or summons. If he or she fails to attend court, a warrant for the accused person’s arrest will usually be issued. | ||
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:'''NOTE:''' A summons should not be disregarded because of a misspelling of the accused’s name, nor because of minor irregularities or mistakes. The summons may be served by a peace officer personally, or it may arrive by mail. It can also be served, when the accused cannot conveniently be found, to a person living in the accused’s residence who appears to be at least 16 years old (''Criminal Code'', s 509(2)). | :'''NOTE:''' A summons should not be disregarded because of a misspelling of the accused’s name, nor because of minor irregularities or mistakes. The summons may be served by a peace officer personally, or it may arrive by mail. It can also be served, when the accused cannot conveniently be found, to a person living in the accused’s residence who appears to be at least 16 years old (''Criminal Code'', s 509(2)). | ||
=== 4. Judicial interim release (bail) === | === 4. Judicial interim release (bail) === | ||
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* whether it is in the public interest to proceed. | * whether it is in the public interest to proceed. | ||
More information regarding charge approval is available online at [http://www.ag.gov.bc.ca/prosecution-service www.ag.gov.bc.ca/prosecution-service], in the Crown Counsel Policy Manual (Policy Code CHA 1). | More information regarding charge approval is available online at [http://www.ag.gov.bc.ca/prosecution-service www.ag.gov.bc.ca/prosecution-service], in the Crown Counsel Policy Manual (Policy Code CHA 1). | ||
== C. Appearance requirements == | == C. Appearance requirements == | ||
