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Difference between revisions of "Criminal Charges (1:IV)"
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Criminal Charges (1:IV) (view source)
Revision as of 18:53, 25 October 2016
, 18:53, 25 October 2016→D. Initial appearance(s)
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Matters are generally set for the Initial Appearance Room if the accused has not previously appeared in court for this matter, has not yet obtained counsel or has not set a date for trial or guilty plea. An accused can have multiple Initial Appearances. If the accused person has not yet made his/her first appearance in court, he/she should be instructed to attend their Initial Appearance and obtain the particulars and Initial Sentencing Position from Crown. | Matters are generally set for the Initial Appearance Room if the accused has not previously appeared in court for this matter, has not yet obtained counsel or has not set a date for trial or guilty plea. An accused can have multiple Initial Appearances. If the accused person has not yet made his/her first appearance in court, he/she should be instructed to attend their Initial Appearance and obtain the particulars and Initial Sentencing Position from Crown. | ||
:'''Note:''' If the accused does not have counsel and wants to obtain counsel, an adjournment will likely be granted. The case will be adjourned until the accused has had an opportunity to discuss the case with counsel. If the accused is self-represented, he/she should consult duty counsel. | |||
=== 1. Procedure at initial appearance === | === 1. Procedure at initial appearance === | ||
At an Initial Appearance, the accused comes forward; the prosecutor indicates the nature of the offence without reading the Information and a Justice of the Peace will make inquiries as to whether the accused has legal counsel and the intentions of the accused regarding the case. ''An accused should not enter a plea at an initial appearance. (One cannot make a plea in front of a Justice of the Peace.)'' There will often be many appearances before a plea or trial is set. | At an Initial Appearance, the accused comes forward; the prosecutor indicates the nature of the offence without reading the Information and a Justice of the Peace will make inquiries as to whether the accused has legal counsel and the intentions of the accused regarding the case. ''An accused should not enter a plea at an initial appearance. (One cannot make a plea in front of a Justice of the Peace.)'' There will often be many appearances before a plea or trial is set. | ||
Before the accused is asked to decide how he or she will plead, counsel should ensure that the accused fully understands his or her legal rights, the consequences of a guilty plea, and the Crown’s burden of proof to prove all elements of the offence beyond a reasonable doubt. Also, counsel should discuss any possible defences, mitigating factors, and any possibility of being found guilty for lesser included offences if guilt is not established for the original charge. | Before the accused is asked to decide how he or she will plead, counsel should ensure that the accused fully understands his or her legal rights, the consequences of a guilty plea, and the Crown’s burden of proof to prove all elements of the offence beyond a reasonable doubt. Also, counsel should discuss any possible defences, mitigating factors, and any possibility of being found guilty for lesser included offences if guilt is not established for the original charge. | ||
== E. Obtaining particulars == | == E. Obtaining particulars == | ||