understanding the criminal court process as a victim
TRANSCRIPT
Understanding The Criminal Court Process
as a Victim
April 2015
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Disclaimer: This slide deck contains general legal information for victims of crime in Canada. It is not intended to be used as legal advice for a specific legal problem. It is important to get legal advice about your own situation. Please refer to this material for educational and information purposes only.
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Introduction
The purpose of these slides is to go through the criminal court process to give victims a better understanding of
what is happening and what to expect. It goes through the various steps of the criminal court process. It briefly
explains the procedures of each step and what happens to the perpetrator. For each step in the court process it also
briefly discusses what information is available to the victim, what expectations are placed on the victim and where victims can look for services available to them.
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About the Victim Justice Network
What is the Victim Justice Network?The Victim Justice Network (VJN) is a national non-profit organization that is establishing an online-based network or “hub”, with links to existing networks and information hubs in order to promote awareness of services and supports for victims of crime in Canada.
What is its Mission?To promote awareness, understanding and support for victims of crime in our society.
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About the Victim Justice Network What are some of its Key Objectives?
Consistent with the objectives of the Federal Victims Strategy to give victims a more effective voice in the criminal justice system, the Victim Justice Network (VJN) will address the following three priority areas in a national context:
1) To promote access to justice for victims of crime through online victim-centred information, resources and referrals.
2) To build a professional support network for justice professionals, victim service providers and others serving victims of crime.
3) To develop and disseminate educational resources by supporting multidisciplinary research and innovation on emerging victims issues.
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Criminal Court ProcessAfter a Crime But
Before a Charge is Laid
Charge is Laid
The “Intake” Phase
Provincial Court Trial
Superior Court Trial
Phase Two: Intake
Phase Three: The Trial
Sentencing
Phase One: The Preliminary Inquiry
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After a Crime But Before a Charge is Laid
Procedure: Witnesses are interviewed and the police conduct an investigation.
What happens to the perpetrator:The perpetrator is still “at large.”
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After a Crime But Before a Charge is LaidWhat information is available to the victim: The victim is entitled to know when an arrest has been made. In order to protect the integrity of the investigation, details may be confidential. It is necessary to prevent witnesses (including victims) from knowing what other witnesses have said. These normal measures are not meant to deprive the victim, but to protect the case.
What victim services are available: The victim is entitled to have the police address any ongoing safety concerns while the perpetrator is at large.
What expectations are placed on the victim:The police will want to interview the victim, in some cases more than once. This is normal.
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When a Charge is Laid
Procedure:The police bring their file to the Crown and the Crown, if necessary conducts a bail hearing. An “information” (the name for the charging document) is filed with the court, initiating the court process.
What happens to the perpetrator:Depending on the seriousness of the charge, the accused may be released from the scene or from the station, or may be held overnight for a bail hearing. At the bail hearing he may be released with conditions he must follow (non-communication with the victim for example) or the bail court may order that he stay in jail until trial (or until he appeals that detention order).
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When a Charge is LaidWhat information is available to the victim:The victim is entitled to know that a charge has been laid and whether the accused was granted bail, and if so, what conditions were imposed. In many cases, the victims input will be sought before deciding what bail conditions should be imposed on the accused.
What expectations are placed on the victim:The victim is expected to report any breach of the bail conditions (for example if the accused tries to contact the victim).
What victim services are available:Refer to the services section on the Victim Justice Network’s homepage.
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The “Intake” PhaseProcedure:Once a charge is laid, the “intake” phase is the next step (unless he immediately pleads guilty). This can last several months and usually involves a number of very brief court appearances (5 minutes each). During this period the Crown and the accused’s lawyer are working out disclosure, discussing possibility pleas, and making procedural decisions about the trial. The intake phase ends with either a withdrawal, a guilty plea, or a trial date being set.
What happens to the perpetrator:• Whether or not the accused is in
custody, he can choose not to attend these short appearances by sending a lawyer instead.
• In some cases an accused who is detained will appeal that detention order during this period.
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The “Intake” PhaseWhat information is available to the victim:Depending on the Crown’s office and the type of case, a Crown may or may not be assigned yet. The intake work in many offices is handled by a team of Crowns. Whether or not a crown has been assigned, the victim can request information from the Crown about the progress of the intake phase.
What expectations are placed on the victim:In most cases there are no expectations on the victim at this stage other than to report any breaches of the accused’s bail conditions (for example if he tries to contact the victim).
What victim services are available:Refer to the services section on the Victim Justice Network’s homepage.
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Note on Types of Trials
• Depending on the type of offence and certain decisions by the accused and the Crown, the trial will be either in the Provincial Court or the Superior Court. If it is Provincial Court, the trial will normally take place within a period of months, usually no more than 12.
• If the trial is in the Superior Court, the process is longer. There will usually be a preliminary inquiry months before a Superior Court trial.
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OPTION A: Provincial Court TrialProcedure:Provincial Court trials are decided by judges alone (no juries). The length of the trial depends on the case. Some are started and finished on the same day. Others can go on much longer with breaks in between appearances.
What happens to the perpetrator:The accused must be present for his trial. If he was denied bail initially, he will remain in custody unless he appeals the bail decision. If he was released, he will remain on bail with whatever conditions that were imposed on him. If he is acquitted he is released. If he is found guilty, he will be sentenced. Not all sentences include jail.
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OPTION A: Provincial Court Trial
What information is available to the victim:In most cases victims will testify. They only need attend for their testimony and are entitled to review their police statements first. They may only watch the trial after they testify so that their evidence is not influenced by other evidence.
What expectations are placed on the victim:If the victim is a witness, they will be asked to meet with the Crown to prepare for trial. They are given their previous statements to review and the Crown will tell them about the trial process and what to expect. Victims must attend court and tell the truth like any witness. Victim impact statements may be requested if the accused is found guilty.What victim services are available:Refer to the services section on the Victim Justice Network’s homepage.
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OPTION B: Superior Court Trial Phase One: The Preliminary Inquiry
Procedure:The preliminary inquiry is just like a trial. Witnesses are called and cross-examined in court, however, at the end the judge does not find the accused guilty or not guilty. The judge only decides whether there is enough evidence to send the case to trial.
What happens to the perpetrator:The accused will normally be present at the preliminary inquiry. Typically, they will remain in custody if they were originally denied bail and they will remain out of custody if they initially obtained bail.
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OPTION B: Superior Court Trial Phase One: The Preliminary Inquiry
What information is available to the victim:If the victim is a witness, it is important that they not be told about other evidence in the case at this stage so that their evidence is not affected for the trial.
What expectations are placed on the victim:If the victim is a witness, they must attend court and tell the truth like any witness.
What victim services are available:Refer to the services section on the Victim Justice Network’s homepage.
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Superior Court Trial Phase Two: Intake
Procedure:Just like the intake period after the charge was initially laid, this period is designed for the crown and defence to take care of outstanding disclosure, discuss possible pleas, and continue preparing for trial. Like the first intake period, this one ends with either a withdrawal, a guilty plea, or the setting of a trial date.
What happens to the perpetrator:The accused remains under the same conditions (detention or bail) unless the original bail or detention order has been appealed.
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Superior Court Trial Phase Two: IntakeWhat information is available to the victim:• If the victim is a witness, it is
important that they not be told about other evidence in the case at this stage so that their evidence is not affected for the trial.
• If the case is to be dealt with by withdrawal or guilty plea, the reasons for this, and the terms, will be discussed with the victim.
What expectations are placed on the victim:Nothing is expected of the victim during this period unless a guilty plea is arranged. In that case, the victim will be asked if they wish to submit a victim impact statement to assist with the sentencing.
What victim services are available:Refer to the services section on the Victim Justice Network’s homepage.
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Superior Court Trial Phase Three: The Trial
Procedure:Superior Court trials can be decided by a judge alone or by a jury. Except for murder trials, which must almost always be jury trials, the choice between a jury or “judge alone” will be the accused’s. What happens to the perpetrator:
The accused will usually continue in custody or out of custody.They will attend every day of the trial and be in court for all the evidence, including the victim’s. In some cases vulnerable witnesses like children can testify behind a screen to avoid seeing the accused.
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Superior Court Trial Phase Three: The Trial
What information is available to the victim:If the victim is a witness, they cannot be told about other evidence in the case until after they testify. They are not required to attend the trial after that, though they are entitled to stay and watch if they choose.
What expectations are placed on the victim:If the victim is a witness, they will be asked to meet with the Crown to prepare for trial. They are given their previous statements to review and the Crown will tell them about the trial process and what to expect. Victims must attend court and tell the truth like any witness.
What victim services are available:Refer to the services section on the Victim Justice Network’s homepage.
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Sentencing
Procedure:If the accused is found guilty, the case must have a sentencing hearing. This can occur immediately after a finding of guilt, but is often adjourned to another day.
What happens to the perpetrator:Usually the accused will remain on bail if bail was originally granted, or in jail if it was denied. In some rare cases, the accused will lose his bail upon conviction.
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Sentencing
What information is available to the victim:The victim is entitled to know what restitution is available, what opportunities they have for a victim impact statement, and what the accused’s sentence will be.
What expectations are placed on the victim:The victim will often be asked to draft a victim impact statement.What victim services are available:
Refer to the services section on the Victim Justice Network’s homepage.
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Attribution
The author “Understanding The Criminal Court Process as a Victim” is Robin Flumerfelt. He provided the Victim Justice Network with the content for these slides. Robin Flumerfelt is a Crown Attorney at the Crown Law Office – Criminal. He argues cases before the Ontario Court of Appeal and conducts justice prosecutions.
He is also the Director of the Ontario Crown Homicide Course and Director of Joint Programming for the Ontario Crown Attorney’s Association.
He received his BA in 1987, His MA in 1988, and his LLB in 1995.
(From Osgoode Hall Law School http://www.osgoode.yorku.ca/faculty-and-staff/flumerfelt-robin/ )
