Pleading Not Guilty and Criminal Trials (1:VII): Difference between revisions
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Pleading Not Guilty and Criminal Trials (1:VII) (view source)
Revision as of 07:21, 8 August 2024
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== A. Arraignment Hearing == | == A. Arraignment Hearing == | ||
The purpose of an '''arraignment hearing''' is to determine whether the matter is to be scheduled for a trial or disposition (guilty plea), and to schedule a date for that trial or disposition. It is also an opportunity to canvass any possible disclosure or Charter issues. If the accused is not prepared to decide whether to plead guilty or run a trial at the time of the hearing, the arraignment hearing may be adjourned until the accused can consult a lawyer and make a decision. | The purpose of an '''arraignment hearing''' is to determine whether the matter is to be scheduled for a trial or disposition (guilty plea), and to schedule a date for that trial or disposition. It is also an opportunity to canvass any possible disclosure or ''Charter'' issues. If the accused is not prepared to decide whether to plead guilty or run a trial at the time of the hearing, the arraignment hearing may be adjourned until the accused can consult a lawyer and make a decision. | ||
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The judge or Justice of the Peace will then ask the self-represented accused (or defence counsel) for their position on the time estimate and decide how much time is appropriate to set aside for the trial or sentencing. The clerk will provide counsel with a form to take to the Judicial Case Manager (JCM) to set a trial date. It is important that the accused attends the JCM to receive a trial date. | The judge or Justice of the Peace will then ask the self-represented accused (or defence counsel) for their position on the time estimate and decide how much time is appropriate to set aside for the trial or sentencing. The clerk will provide counsel with a form to take to the Judicial Case Manager (JCM) to set a trial date. It is important that the accused attends the JCM to receive a trial date. | ||
== B. Appearance for Trial - Elections as to Mode of Trial == | == B. Appearance for Trial - Elections as to Mode of Trial == | ||