Understanding the Criminal Justice System: A Guide for the Accused, Slides of Law

Download Understanding the Criminal Justice System: A Guide for the Accused and more Slides Law in PDF only on Docsity! 1 YOU’VE been CHARGED with a CRIME What YOU NEED to KNOW This booklet is intended to provide general information only. If you require specific legal advice, please consult the appropriate legislation or contact a lawyer. 3 “making an election.” If you elect to have the trial in the Court of Queen’s Bench, there will be a preliminary hearing scheduled. A preliminary hearing takes place in front of a Provincial Court judge. It is held to see whether there is enough evidence to justify sending the case to trial. If there is not enough evidence, the judge discharges you. If there is enough evidence, the judge will order you to stand trial in the Court of Queen’s Bench and a trial date is set. If you are not charged with an offence where you may make an election, the judge may ask if you understand the charge. Then you will be asked if you plead guilty or not guilty. You may also ask the judge if you can “reserve” your plea. If you do not have a lawyer, reserving your plea will give you time to talk to one. If the judge allows you to reserve your plea, you will be given another date to return to court. You may also be able to reserve your election if you don’t have a lawyer. If you plead not guilty, a trial will be scheduled. If you plead guilty, several things will happen next. Please see section eight for information on pleading guilty. If you speak French, you are entitled to be tried before a French speaking judge. If you would like your trial in French, you must apply to the court before: a) your trial date is set (if you do not have an election), b) your election (if you elect trial in the Provincial Court), or c) your committal for trial (if you elect, or are deemed to elect, trial in the Court of Queen’s Bench). If you don’t already have a lawyer to help you, a lawyer known as duty counsel is available to help in docket court free of charge. Duty counsel can speak to the Crown prosecutor for you, set a trial date, reserve (postpone) your plea for a later date, enter a guilty plea, speak to sentence and speak to your release. Duty counsel cannot represent you at trial. If your matter is set for trial, it is up to you to find a lawyer. 2 DUTY COUNSEL 4 3 IF YOU DON’T HAVE A LAWYER If you would like to have a lawyer for the trial or preliminary inquiry, you should make sure that you arrange for one well before the day of the trial or preliminary inquiry because a lawyer needs time to prepare your case. If your lawyer is not available on the day your matter is scheduled, he or she will also need time to ask for an adjournment. If you do not have a lawyer on the day that is set, the judge may not grant you an adjournment to get one and will expect you to represent yourself. 4 HOW DO YOU GET A LAWYER? Search the internet and call a lawyer who practices criminal law. Or, call the Lawyer Referral Service (www.lawsociety.ab.ca/public/lawyer_r eferral.aspx) and ask for the name of a lawyer who practices criminal law. The phone number for the Lawyer Referral Service is 1-800- 661-1095. You will be given the names of up to three lawyers who deal with criminal law. You can meet with each lawyer to receive 30 minutes of free advice and discuss your situation. If you want that lawyer to represent you, it will cost more. Discuss fees. You may also want to talk to other people to see if they can recommend someone or check for advertisements.in local newspapers or other publications. Call Legal Aid or visit www.legalaid.ab.ca (see section five) if you cannot afford a lawyer. 5 LEGAL AID If you cannot afford a lawyer, call the nearest Legal Aid office (call the toll free RITE line at 310-0000 to ask for the nearest Legal Aid office) to see if they can help you. They will set up an interview. If you are being held in a remand facility, a correctional institute or a hospital, contact Legal Aid by phone or ask the facility to set up an interview. Legal Aid staff make regular visits to these facilities. Legal Aid is not free. You will be asked to pay back the cost when you are able to. When you apply to Legal Aid, you must give financial information so that they can determine whether you are eligible. Your eligibility depends both on your financial situation and on the type of legal problem that you have. If Legal Aid cannot assist you, they can suggest other agencies or services that may be able to help. 5 6 OTHER SERVICES STUDENT LEGAL SERVICES OF EDMONTON www.slsedmonton.com Student Legal Services of Edmonton can give legal information and may assist low-income people in Provincial Court with a number of criminal charges: breach of probation, common assault, certain driving offences including impaired driving and more. Their hours of operation change during the school term. You can phone them at (780) 492-2226 for further information. STUDENT LEGAL ASSISTANCE OF CALGARY http://slacalgary.ca/ Student Legal Assistance is an association of law students at the University of Calgary. They provide year round legal assistance and representation in Provincial Court to people charged with less serious criminal offences who are unable to afford legal services. If Student Legal Assistance agrees to help, you will be charged a $30 fee. Their phone number is (403) 220-6637. CALGARY LEGAL GUIDANCE http://clg.ab.ca/ Calgary Legal Guidance is a non- profit organization. Staff lawyers and law students help people who are charged with less serious offences. Staff accept or reject applications for assistance on a case-by-case basis. You can call them at (403) 234-9266. DIAL-A-LAW www.clg.ab.ca/programs-services/dial-a-law Dial-a-Law is a service you phone to listen to pre-recorded tapes containing general legal information including information about criminal matters. Written copies of the tapes can also be mailed on request. The phone number is 1-800-332-1091 or in Calgary, (403) 234-9022. ELIZABETH FRY SOCIETIES Elizabeth Fry societies work with, and on behalf of, women involved with the justice system, particularly women in conflict with the law. The Edmonton and Calgary Elizabeth Fry societies have court workers who provide information to both men and women on court procedure, plea options and directions. They also provide referrals to duty counsel and other community and legal resources. They can be reached at (780) 422-4775 in Edmonton and at (403) 294-0737 in Calgary. NATIVE COUNSELLING SERVICES OF ALBERTA www.ncsa.ca/programs/help- with-court Native Counselling works to ensure that Native people receive fair and equitable treatment in the justice system. Their Native Court worker Program provides Aboriginal people with information about court procedures, their rights and responsibilities under the law, and advocacy, support and referrals to Legal Aid and other resources. Court workers also may attend court with their clients. 8 The rules around trial procedure are too complicated to explain in detail in this booklet. However, this is an outline of what happens. The Crown prosecutor calls witnesses first. You or the Crown prosecutor can ask the judge for an order for exclusion of witnesses so that the other witnesses must leave the courtroom while one is testifying. This will reduce the chances that witnesses will be influenced by each other’s evidence. After the Crown is finished asking a witness questions, you will have a chance to ask questions. This is called cross-examination. The Crown prosecutor may also have documents, photographs or other items for the judge to see. This could include things like a breathalyzer test certificate. This is introduced by a witness and the Crown will ask the judge to have the item introduced as an exhibit. After you have finished your cross- examination of a witness, the Crown is able to ask further questions that have come up for the first time through your questions. This is known as “redirect.” Once all of the evidence is entered and all witnesses have been called by the Crown prosecutor, you will have an opportunity to put forward a defence (something you do not have to do). If you choose to put forward a defence, you do it through your witnesses and your own testimony. Remember, you are not required to call any evidence or to testify yourself. Further, the Crown prosecutor will be given the chance to cross- examine you if you take the stand and can cross-examine any of your witnesses. If you do decide to testify and you have a criminal record, the Crown prosecutor can ask you about it. If you do not give evidence, the Crown can only mention your record if and when the judge finds you guilty. After hearing each side’s case, the judge will ask for argument. If you called witnesses, you will go first. If you did not call witnesses, the Crown prosecutor will go first. Argument gives both sides a chance to persuade the judge. The judge will then decide whether to find you guilty or not guilty. If you are found not guilty, you are free to go. 10 WHAT HAPPENS IN COURT? 9 If you are found guilty, see section 11 on sentencing for details about what may happen to you. Depending on the offence, your sentence could include a money fine, probation, imprisonment or a combination of these. In some situations, the judge will order you to pay restitution to the person who has suffered as a result of your acts. If you are sentenced to jail for less than two years, the judge has the option of letting you serve your time in the community. There will be conditions on this which must be followed carefully. In exceptional circumstances, if the judge is convinced that a criminal record will seriously and unfairly affect your future plans, you may be granted a discharge, either conditional or absolute. This means that technically you are not convicted, but a record is kept of your discharge. The conditions in a conditional discharge are contained in a probation order and if they are not followed, the discharge can be revoked and the conviction entered. If you do not have enough money to pay a fine, tell the judge that you will need time to pay. The judge may give you a “fine order.” If you can’t pay your fine by the due date, you can go to the clerk’s office and apply for an extension. This must be done before the date the fine is due to be paid. You may also be able to work off your fine through community service. The judge can also ask for a pre-sentence report to get more information about you. If that happens, you will not be sentenced until the judge has had a chance to review the assessment. A probation officer prepares the pre-sentence report. The probation officer may interview you, your family, your employer or anyone else who can provide relevant information. This process usually takes a number of weeks. If the offence is serious or your criminal record is lengthy, you should be prepared to be taken from the courtroom directly to jail. VICTIM SURCHARGE ON OFFENDERS If you are found guilty, you will be charged a victim surcharge. A victim surcharge is an additional penalty imposed at the time of sentencing. It is collected by the provincial government and used to provide programs, services and assistance to victims of crime. The victim surcharge is automatic unless you can prove undue hardship. The surcharge amount is 30% of any fine imposed. If no fine is imposed, it is $100 where the offence is punishable by summary conviction and $200 where the offence is punishable by indictment. The judge has the discretion to increase the amount of the surcharge. VICTIM IMPACT STATEMENTS A victim impact statement is a written statement prepared by the victim and considered by the judge at the time of sentencing. It allows victims to participate in the proceedings by describing the the impact of the crime on them and their families. 11 SENTENCING