AnIn · PDF fileAnIntroductiontoCourt Revised: June 2012 ... the police often rely on the ......

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An Introduction to Court

Revised: June 2012

Victim ServicesDepartment of Justice

VS_Intro to Court:Guidelines 7/6/2012 1:15 PM

VS_Intro to Court:Guidelines 7/6/2012 1:15 PM

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Table of Contents

Introduction 1

Filing a Police Report 1

Court Process 3

Testifying in Court 6

Commonly Asked Questions 7

Victim Services 9

Summary 10

Appendix A: Summary Offenses Diagram 11Appendix B: Indictable Offenses Diagram 12Appendix C: Sentencing Options Diagram 13

Appendix D: Glossary of Terms 14

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VS_Intro to Court:Guidelines 7/6/2012 1:15 PM Page ii

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1. Introduction

This booklet has been developed to provide you, as avictim/witness, with information to help you prepare for andbetter understand the Court process. Court may first appear to bevery complicated and somewhat frightening. As you learn moreabout Court you may become less anxious and more confident inyour ability to actively participate as a victim/witness.

When a crime has been committed, the police often rely on theperson harmed to tell them about the offence. Depending on thenature of the crime, it can take a great deal of strength and courageto tell someone when you have been hurt because it may bedifficult and/or embarrassing to talk about what happened. It isimportant to recognize your strengths and to have taken the firststep in doing so by talking to the police.

2. Filing a Police Report

When you tell the police what happened to you they take astatement. A statement contains detailed information about whathappened which becomes the basis for the police investigation.The statement may be written, video taped and/or audiotaped.Investigations may take some time depending on the number ofpeople the police have to contact. You may call the police at anytime to ask where the investigation stands.

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Once an investigation is completed, the police have two options:

If charges are laid, either of the following can happen:

Once a person is charged with an offence, he or she may be placedon conditions by the Court, to be followed by the accused until thecourt case is fully completed. One possible condition is not to havecontact with the victim. An accused may apply to the court at anytime to vary a condition(s) of an undertaking. If such anapplication is made, you may be contacted for input.

• To lay a charge if there is enough evidence

• To not lay a charge if there is not enough evidence to go toCourt. (This does not mean the police do not believe a crimetook place; it means they do not have enough evidence to provea crime took place).

(a) The accused may be charged and released until a scheduleCourt appearance at a later date, or

(b) The accused may be charged and taken into custody and notreleased unless granted bail at a Bail Hearing (ProvincialCourt). If there is a bail hearing you may be required to testify.


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3. Court Process

OffencesThere are three types of offenses:

Summary (See Summary Offenses Diagram):

(a) Summary - an offence where charges must be laid within sixmonths and carries a maximum sentence of either six months oreighteen months in prison and/or a maximum fine of $2,000.00;

(b) Indictable - an offence which can carry higher maximumsentences and is generally of a very serious nature.

(c) Hybrid - an offence which can be classified as either summaryor indictable.

• always heard in Provincial Court by Judge alone

• if the accused pleads guilty, you will most likely not berequired to testify at a trial and the case will go to sentencing(See Sentencing Options Diagram)

• if the accused pleads not guilty, you will be required to testifyat the trial

• normally you do not have to attend Court for entering ofpleas/sentencing but you may attend if you wish

• if you are required to attend Court, you will receive asubpoena.


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Indictable Offences• the accused may choose to have their matter heard in Provincial

Court by judge alone or in Supreme Court by a Judge alone orby Judge and Jury.

• if Provincial Court is chosen, the victim of the crime will mostlikely testify once at trial in front of a Provincial Court Judge.

• if Supreme Court is chosen, the victim may be required totestify at a Preliminary Inquiry in Provincial Court initially andagain at trial at a later date. In most cases a Preliminary Inquiryis optional – the accused may choose to have one. ThePresiding Judge will hear specific evidence to decide whetherthere is enough evidence to bring the matter to trial. If theaccused chooses to have a Preliminary Inquiry, DefenseCounsel will outline for the court in advance the issues theywish to explore and witnesses they wish to hear from. Certainoffenses (such as murder) automatically result in a trial before aJudge and Jury with a Preliminary Inquiry, unless the accusedopts to waive the right to a Preliminary Inquiry.

• If a Preliminary Inquiry is not held, the matter will be set forArraignment in Supreme Court (entering of plea).

• If Preliminary Inquiry is held and the Judge determines there isenough evidence to proceed, the accused is committed to standtrial and an arraignment date is set in Supreme Court.

• If the Preliminary Inquiry results in the Judge’s determinationthat there is not enough evidence to proceed, the case isdismissed.

• Arraignment – if there is a guilty plea entered, please refer toSentencing Options.


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Youth CourtPerson(s) between the ages of 12-17 years who are charged with anoffence(s) are dealt with in the Provincial Court system, regardlessof whether the offence is summary or indictable. Therefore, personscharged under the Youth Criminal Justice Act do not have theoption of electing to have a trial in Supreme Court. However, incases involving very serious offenses, the youth may be tried inAdult Court.

Victim Impact StatementsAs a victim of crime, you have the right to complete a VictimImpact Statement. This statement is submitted to the court for thejudge to consider when sentencing the offender. You may wish todiscuss this with Victim Services staff (See Victim Impact StatementGuidelines).

Pre-Sentence ReportsFollowing the finding of guilt of an accused person, the Court mayrequest a Pre-Sentence Report before sentencing the accused. Thisis a report for the Court, completed by an Adult Probation Officer,which includes a description of the accused’s family life andpersonal situation. In youth court, this report is called a pre-disposition report.

• Arraignment – if the accused pleads not guilty, a trial date isset. The victim of the crime is usually required to testify at trial.

• People are normally only required to attend court when theyhave to testify. If required to testify, you will receive asubpoena indicating when you are to attend.


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SentencingOnce an accused person is found guilty of an offence, the Court isresponsible for imposing sentence. This may be done right away oranother date may be set depending on the factors to be considered.You may attend sentencing hearings but you are not required tounless subpoenaed.

4. Testifying in Court

Giving evidence in Court may be very difficult. Some helpful hintsin preparing to give evidence include the following:

• arrange for a person(s) you trust to attend Court with you.• meet with the Crown Attorney before Court to become familiar

with the Crown and Court. You may want to write downquestions/concerns you want to address with the Crown soyou do not forget or miss anything important to you.

• visit the courtroom before Court to familiarize yourself with theCourtroom, who will be present, and what their roles are - youmay wish to attend a trial before your court case to see howCourt is conducted.

• practise relaxing through deep breathing.• practise listening skills, as it will be very important to really lis-

ten to the questions asked in Court.• become familiar with rules of Court.• try to get a good night’s sleep before Court.• ask questions if you do not understand something said. All

your questions are important.• there are no rules about what to wear. Dress appropriately and

with respect for the serious nature of court proceedings.


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5. Commonly Asked Questions

1. Will the accused be in Court while I testify?Yes, the accused will be present and in fact, in most cases, is re-quired by the Court to be present.

2. Is the courtroom open to the public?Yes, Courts are open to the public. There are special circumstancesoutlined in the Criminal Code of Canada for which a Court mayclose to the public. This would have to be requested by the Crownand the Court would have to be satisfied the criteria outlined inthe Code were met. It is best to prepare to testify in open court asin all likelihood this will be required.

3. Will my name be published?Courts are generally understanding of victim’s needs for privacy.The Crown Attorney may request the Court to order a publicationban, preventing your name and/or information which may iden-tify you from being published in any document or broadcast inany manner. If you do not want your name published, you shouldspeak to the Crown Attorney about this. You may also apply onyour own behalf for a publication ban.

4. What should I do if the accused tries to contact me?If the accused is on a Court order not to have contact with you andhe/she does try to contact you, you can let the police know. Theywill direct you from there. The police are there to help keep yousafe.


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5. What should I call the Judge?In Provincial Court, the Judge is referred to as “Your Honour.” InSupreme Court Judges are referred to as “My Lord” or “MyLady.” If you cannot remember the proper title it would be appro-priate to refer to the Judge as “Sir” or “Madam.”

6. What if I cannot go to Court on the date set in thesubpoena?

If you have a valid reason for not going to court, such as majorsurgery, call the Crown Attorney in advance to make them aware.If you do not show up, a warrant might be issued for your arrest.

7. Is the Crown Attorney (Crown Counsel, CrownProsecutor) representing me?

No. He/she represents the State or the Queen, as the crime thattook place is seen to be a crime against society. The Crown is topresent evidence to the court in a fair and just manner. As a per-son with valuable information about an offense, you are a witnessfor the Crown.

8. Can I withdraw the charge(s)?No. Only the Crown Attorney has the authority to withdrawcharges, and this is rarely done.


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6. Victim Services

The Department of Justice delivers a Victim Services Programwhich assists victims through the criminal justice process. Servicesavailable include:

For additional information see the Victim Services pamphlet or call729-0900 for the office nearest you.

• General information on the criminal justice system

• Specific updates on your case

• Help with Victim Impact Statements

• Court orientation

• Counselling

• Referrals

Area Code (709) Nain 922-2360

St. John’s 729-0900 Carbonear 945-3019/3046

Clarenville 466-5808 Gander 256-1028/1070

Marystown 279-3216 Grand Falls-Windsor 292-4544-4548

Corner Brook 637-2614 Stephenville 643-6588/6618

Port Saunders 861-2147 Happy Valley-Goose Bay 896-0446/3251


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7. Summary

Making a decision as to whether to become involved in the criminaljustice system is often not an easy one. Sometimes you do not havea choice. The purpose of this booklet is to provide you withinformation on what is involved, so that you can make a moreinformed decision or become better prepared for the process.Whatever your situation, be sure to take care of yourself and seekwhatever assistance may be needed along the way.

For more information regarding Victim Services, please seewww.victimserviceshelp.ca .


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Appendix ASummary Offence Provincial Court System

First Court Appearance*;Accused pleads guilty or

not guilty

SentencingTrial Date Set

Trial- Victim Testifies

Charges Dismissed Sentencing

If not guilty If guilty

Judge returnsfinding of guilty or

not guilty

*There may be several court appearances before an accused enters a plea.

If not guilty If guilty


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SuspendedSentence &Probation

Fine &Probation

Jail &Probation

ConditionalSentence

A Finding of Guilt

Jail

AbsoluteDischarge

ConditionalDischarge

& Probation

NoConviction

Fine

Conviction

Sentencing OptionsAppendix B


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Accused enters pleaof guilty or not guilty

Sentencing

Charges Dismissed Sentencing

ChargesDismissed

Trial by SupremeCourt Judge

First Court Appearance in Provincial Court .Accused Chooses one of::

Trial by ProvincialCourt Judge

Trial by SupremeCourt Jury

Preliminary Inquiry Held inProvincial Court - Victim Testifies

Judge determines if enoughevidence to go to trial

Indictable Offence

If not enough evidence If enough evidence

Trial Date Set

Trial VictimTestifies

ArraignmentDate Set

Trial Date Set

Supreme Court Trial -Victim Testifies

If not guilty

If guiltyIf not guilty

Finding of guiltyor not guilty

If guilty

Arraignment - SupremeCourt; Accused enters plea

of guilty or not guiltyIf not guilty

Finding of guiltyor not guilty

If guilty

Appendix C


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Appendix DLegal Terms Commonly Used

Absolute Dischargethe person is free to go and no conviction is registered againstthe person. This is the lightest sentence available to the Court.

Accusedthe person charged with the offence.

Acquittalthe accused is found not guilty of the charges by the court.

Adjournmentthe court case is temporarily set over to another time or date.

Allegeto suggest that something happened or that a personcommitted a crime.

Appealto have a trial decision reviewed by a higher Court. This is nota new trial and no witnesses are required to give evidence.

Bailmoney or property deposited with the court as a guarantee theaccused will return to Court for a preliminary inquiry or trial.

Beyond a Reasonable Doubtthe level of proof required by the Court to find an accusedguilty of having committed an offence.


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Chargea formal accusation that someone committed a crime.

Complainantthe person who states that a crime has been committed.

Conditional Dischargethe person found guilty of committing an offence can beordered to obey certain conditions for a specific period of time,no jail term or other punishment.

Conditional Sentencesentence served in the community with conditions similar tothat of a probation order. If conditions are not adhered to,remainder of sentence may be served in prison.

Convictiona judgement by the Court that the accused is guilty of theoffense

Crown Attorneythe lawyer representing the state who prosecutes the criminalcharge against the accused. The Crown Attorney presents theevidence against the accused.

Defence Counselthe lawyer representing the accused.


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Defendanta person against whom legal action has been taken.

Evidencewitness testimony or objects identified by witnesses which arepresented to the Court to help the Court reach a decision.

Guiltythe decision by the Judge or Jury that the accused did committhe alleged crime. The accused may admit guilt by pleadingguilty in Court.

Judgethe person with the authority to hear a case in Court andrender a decision regarding the guilt or innocence of theaccused.

No Contact Ordera Court order preventing the accused from seeing or speakingto someone - often the victim harmed.

Offencea crime.

Pleathe response given by the accused when charged with anoffense (“guilty” or “not guilty”).


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Plea Bargainingnegotiations between Crown and Defence Counsel regardingthe charges against the accused and the plea to be entered.

Preliminary Inquirya hearing to determine if there is enough evidence against anaccused to justify holding a trial.

Probationa sentencing option available to the Court once an accused hasbeen found guilty which enables the Court to order theaccused to obey certain conditions for a certain period.

Restitutionthe court may order the offender to pay financial costs directlyassociated with the offence to a victim.

Sentencethe punishment given to an accused found guilty of an offense.

Sentencing Hearingthe presentation of evidence to the Court to help the Judgedecide on the sentence to be given to an accused once foundguilty.

Statementthe person who states that a crime has been committed


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Subpoenaan order of the Court telling a witness when and where he/shewill be required to appear before the Court.

Suspecta person thought to have committed a crime.

Suspended Sentencethe Judge orders a sentence be put off until such a time anotheroffence is committed. The Judge can then order the sentencefor the new offence and impose sentence for the past offence aswell.

Testifyto make statements in Court under Oath.

Triala hearing where Crown and Defence present evidence and theCourt makes a decision.

Verdictthe decision of the Court of an accused persons guilt orinnocence.

Victimthe person(s) against whom a crime(s) has been committed

Witnessa person who testifies in Court because they have someinformation about the case


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