Criminal ProceduresPre Trial Procedures

Overviewo Criminal Seizure and

Investigationo Arrest and Detentiono Interrogation of the Accusedo Election of Trial Methodo Plea Bargaining

Criminal Investigation o After a crime has been committed:

1) Crime scene is secured (sealed off so no one except those required to complete the investigation can enter)

2) Scene is searched for evidenceo Evidence collected at the scene is called

“forensic evidence”o Hair and fibre sampleso Blood and chemical residueo Signs of forced entry or physical struggleo Weaponso Fingerprints or footprint evidence

Forensic Evidenceo Forensic analysis

involves scientific study of the crime scene. Area of study has revolutionized criminal investigationso DNA analysis has

enhanced private investigators ability to pinpoint suspects (close to 100% accuracy)

Criminal Investigation3) Questioning of

Witnesseso Officers interview

and question witnesses

o Record statements

4) Photographs of Crime sceneo Serve as a

permanent recordo Piece together the

crime

Arrest and Detentiono Formal arrest occurs when a law

enforcement officer has reasonable and probable grounds to believe o a person has committed or is about to

commit an indictable offenceo has an arrest warrant outstanding

Rights Upon Arresto When a suspect is arrested, the following will take

place: o The officers will identify themselves as police officers. o The suspect will be told that he is under arrest. o The suspect will be advised of the reason for the arrest. o The officer will take physical control of the suspect. This

may be as simple as the officer placing a hand on the suspect’s shoulder.

o The officer will inform the suspect of the following rights: o You have the right to retain and instruct counsel without

delay. o You have the right to telephone any lawyer you wish. o You have the right to free advice from a Legal Aid lawyer.

Arrest and Detentiono Detention involves legally depriving a

person of liberty for the purpose of asking questions.o It may involve physical restrainto Police must promptly inform the detainee of

the reasons for detention and their right to counsel

o i.e. Francis is stopped by police because he fits the description of the perpetrator of an assault that recently happened in the neighborhood. Police ask Francis to accompany them to the police station. Francis is legally obliged to go with the officers but may call a lawyer. If he refuses to accompany them, the police may place Francis under arrest and take him to the station against his will.

Arrest and Detentiono Once under arrest, a person has the

right to retain and instruct legal counselo Right of habeus corpus (court order

that involves bringing a person to court to determine if she/he is being detained legally) is intended to prevent unlawful arrest and detention

Interrogation of the Accusedo When a person is

arrested, he/she cannot be forced into making a statement to authoritieso Need to be informed of

the right to remain silent

o Should accused make a statement, it must be made voluntarily, and with the understanding it may be used as evidence

Election of Trial Methodo After arrest and charges are laid,

the accused is not automatically released

o “Rule of thumb”- everyone is released unless there are serious grounds for keeping in custodyoPractical and legal grounds

o Costo Spaceo Presumption of innocence until proven guilty

Election of Trial Methodo Upon release, the accused is asked to

sign a “promise to appear”o Accused may also be allowed to enter

into “recognizance” which is a written promise to appear in court on a date or pay a sum of money if he/she does not show

o Police may release on an “undertaking” which is an agreement to with specific conditions (must stay in an area, not take drugs etc.)

Election of Trial Methodo When accused enters plea, he or she

may have option of selecting trial by judge or jury depending on the nature of the crimeo For example, indictable offense crimes

that carry a sentence of 5 years or longer has option of trial by judge or jury

Election of Trial Methodo If accused has been held in custody

by police, an application can be made for bail (posting a sum of money in order to secure release)

o Charter of Rights guarantees a person cannot be denied bail without just cause such as:o Belief she/he will show for trialo Poses a threat to society

Plea Bargainingo Plea bargaining can

take several forms includingo Crown agreeing to

reduce chargeo Making

recommendations for a reduced sentence in return for guilty plea