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Difference between revisions of "Resolving Criminal Matters Prior to Trial (1:VI)"
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Resolving Criminal Matters Prior to Trial (1:VI) (view source)
Revision as of 03:25, 16 February 2017
, 03:25, 16 February 2017→D. Pleading Guilty
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If an accused person wishes to plead guilty then the court appearances should be adjourned to allow sufficient time to “negotiate” with Crown Counsel for the most appropriate sentence. For self-represented litigants, a duty counsel will assist with a sentencing negotiation with a Crown. It is generally a very good strategy to talk to Crown in advance about a joint submission where both sides agree on a sentence. Most Crown Counsel will be eager to agree to a reasonable sentencing position. Whether an agreement can or cannot be reached with the Crown, a sentencing hearing will be scheduled at which the accused/defence can present his/her position. If an agreement is reached with Crown, it is important to know that the judge is not bound by a joint submission. | If an accused person wishes to plead guilty then the court appearances should be adjourned to allow sufficient time to “negotiate” with Crown Counsel for the most appropriate sentence. For self-represented litigants, a duty counsel will assist with a sentencing negotiation with a Crown. It is generally a very good strategy to talk to Crown in advance about a joint submission where both sides agree on a sentence. Most Crown Counsel will be eager to agree to a reasonable sentencing position. Whether an agreement can or cannot be reached with the Crown, a sentencing hearing will be scheduled at which the accused/defence can present his/her position. If an agreement is reached with Crown, it is important to know that the judge is not bound by a joint submission. | ||
See [[How to Prepare For and Conduct a Sentencing Hearing (1:App D) | Appendix D: How to Prepare for and Conduct a Sentencing Hearing]] for the process of a guilty plea. | |||
Consequences of a guilty plea may include, but are not necessarily limited to: | Consequences of a guilty plea may include, but are not necessarily limited to: | ||