Difference between revisions of "Criminal Charges (1:IV)"

Criminal Charges (1:IV) (view source)

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 === 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.