Criminal trial procedure question | GTAMotorcycle.com

Criminal trial procedure question

nobbie48

Well-known member
Site Supporter
I know the victim of a minor assault and wondered what the procedure was at the first hearing. I assume the judge will be aware of the charges but won't have the evidence. If the perp pleads guilty do they jump right to a sentencing hearing and skip the gory details or does it all come out in the wash?

The police investigated the assault and contacted the attacker telling him to turn himself in, which he did. He's free but has to stay away from the victim etc.

Just being nosey.
 
If there is a guilty plea then no other details are revealed.

This is not so. During the procedure of pleading guilty, the facts are read into the record by The Crown. The judge is not bound to accept the plea, nor is he bound to accept the agreed upon penalties if he feels that they would not serve justice in that case.

Pleading guilty has the same effect as being found guilty, at trial.
 
And further to that Rob, often times a guilty plea involves a statement by the accused of how the crime was commited, and if it does not match the facts of the case, judges have been known to not allow the plea. Also, entering a plea of guilt because of a lack of financial standing to properly defend a case is not permitted.

For the OP.

For the first appearance, and by this, I mean that Bail has been established and granted/revoked, this really is a formality. In some cases, a plea may be entered, but more often than not, the accused and his/her council will be seeking specifics regarding the case and disclosure items (testimony, video, witness statements etc etc) so the defendant can properly guage the case against them. These requests will be made to the crown and the court if the crown is not willing to provide them. A date will be set usually 3 or 4 weeks, but sometimes longer, to address the disclosure and to set a date to enter a plea at that time. This may occur 4 or 5 times, depending on the strength of the crown's case, the evidence, where it is coming from, how diligent the police dept is, etc. In a lot of cases, the police are very fast to lay charges, very fast to provide initial statement of "facts" but very very slow to provide proper disclosure to the court system. So, this can take some time, especially if a key peice of evidence is missing or not present in the disclosure.

Once a date has been set to enter a plea, that day comes and goes, a plea is entered, and if necessary, a sentencing date is set. Bail may or may not be continued if Guilty is entered.

Its pretty straight forward, with a lot of variables, and a LOT of things that slow it down. Unfortunately, it is the prosecutions side, and its witnesses (police, court clerks, etc) that slow down the system quite a bit. Often times people think its the criminals trying to stave off conviction, but its the other way around.
 
And further to that Rob, often times a guilty plea involves a statement by the accused of how the crime was commited, and if it does not match the facts of the case, judges have been known to not allow the plea. Also, entering a plea of guilt because of a lack of financial standing to properly defend a case is not permitted.

Dude, you watch way to much american TV, never do they ask the accused to give a statement after they plea. Thanks for the laugh
 
Dude, you watch way to much american TV, never do they ask the accused to give a statement after they plea. Thanks for the laugh

http://torontocriminaldefence.com/c...s-criminal-defence-articles-by-tushar-k-pain/

http://www.lawprotector.ca/criminal-guilty-plea.html

... and the Department of Justice's position...

http://www.justice.gc.ca/eng/pi/icg-gci/pb2-rpc2.html

... especially the bottom of this page, beginning with, "The presiding judge...":

http://www.justice.gc.ca/eng/pi/icg-gci/pb3-rpc3.html

In other words no, Grimmy hasn't been watching too much TV.
 
Dude, you watch way to much american TV, never do they ask the accused to give a statement after they plea. Thanks for the laugh

They most certainly DO ask the accused if he/she wishes to give a statement. They also (and I think this is what he was referring to), ask the VICTIM to give an impact statement so they may be able to express the direct effect on them from this.
 
Last edited by a moderator:

Back
Top Bottom