Procedure

Procedure at Trial

1) Court Clerk reads the charge

Indictment - if vague - quashed (struck down)

2) Defence enters plea

Guilty Not guilty (never pleads innocent) Special plea

autrefois acquit autrefois convict

3) Judge’s opening remarks to the jury

Describe role of judge, jury, crown attorney and defence counsel Judge Supreme on law Jury Supreme on facts Evidence is sole basis of the verdict Judge explains relevant law(s)

4) Crown’s opening remarks to the jury

Briefly outlines the evidence who they will call what they will prove - etc. reminds jury of duty and opportunity to restrict

and curtail crime

5) Crown Examination of Crown Witness

called “examination-in-chief” establishes case only direct evidence allowed no leading questions no hearsay evidence

6) Defence cross-examination of crown witness

Purposes of cross examination 1) Test credibility- trustworthiness -(criminal record?) 2) Test reliability - powers of recall 3) Offer different interpretation of the facts

7) Crown re-examination of crown witness

Clarifies (re-establishes) points put in doubt during cross examination

No questions on new topics allowed

Two reasons why the defence may decide not to call any witnesses

1) Strategic give up opportunity to speak to the jury last

2) To not expose the accused to a rigorous cross-examination note: if the accused has a criminal record it would

be exposed during cross-examination

When the defence calls witness(Steps 8, 9, 10)

8) Defence Examination of Defence witnesses alibi or absence of motive or character witnesses

9) Crown cross examination of Defence Witnesses Test credibility, reliability etc

10) Defence re-examination of defence witness re-establishes evidence established in examination in chief

11) Defence sums up to the jury

Reminds jury of presumption of innocence beyond a reasonable doubt

Goes over all of the evidence that raises a reasonable doubt

Attempts to evoke sympathy

12) Crown’s summations to the jury

Synthesizes the evidence in a manner that establishes guilt

Reminds jury of the juror’s oath and their duty to convict

13) Judges charge to the jury

Note: often grounds for appeal (if not done properly) Explains applicable laws and applies them to the facts of the

case Must emphasize and explain presumption of innocence Describes possible verdicts Describes applicable defences ( self defence/necessity etc.)

Gives opinion on credibility of witnesses Asks lawyers for input

Directed Verdict

Defence can ask judge to direct the jury to come up with a not guilty verdict if the defence is able to convince the judge that the crown did not establish the essential elements of the crime identity of the accused nothing actually stolen substance actually not a controlled substance

14) Jury deliberates to determine verdict

Go over evidence, law, judge’s charge Verdict must be unanimous Possible verdicts

guilty as charged guilty of a lesser included offence

murder to manslaughter not guilty

15) Jury gives verdict

Foreperson announces verdict no reason given

either counsel can poll the jurors individually rarely done(last ditch effort)

16) Remand for sentence

Pre- sentence report is prepared by a probation officer gives profile/ history of accused assists judge in giving an appropriate sentence usually about three weeks

17) Judge gives sentence

Judge gives a sentence anything up to the maximum specified in the

criminal code possible sentences

incarceration suspended sentence restitution

judge explains reasons/goals of sentence

Perjury

Giving false evidence with intent to mislead Note: if accused got an acquittal due to

perjury he/she is not retried for the original offence but instead is charged with perjury

use the transcript for evidence at the perjury trial

Voir Dire

“to see” “to say” To determine the admissibility of the

evidence in the absence of the jury Considered to be a trial within a trial Judge rules on whether or not the jury can

hear the evidence e.g. if statement is voluntary or not

Witnesses

No surprise witnesses from crown -full disclosure

Witnesses often excluded while other witnesses testify

Witnesses not allowed to read from notes exception - police

Witnesses must answer questions otherwise charged with contempt of court