Pre-Trial Procedures
Release before trial
 Few people charged with a crime are
held in jail until their trial
 There must be good reason to keep
someone in custody before the trial
The police may
release a person:
1. If after some
questioning or
investigation the
person does not
appear to have
committed the
offence
2. If they sign a
promise to
appear which is
a promise to
show up for court
3. If they sign a recognizance which is an
agreement to pay up to $500 if the accused
does not appear in court for trial.
If the accused is not released by the police
they are brought before a Justice of the
Peace within 24 hours for a Show
Cause
The Crown must show why the accused
should not be released before trial
Some of the reasons why the crown may
Show Cause:
1. They pose a
threat to others
2. They might reoffend if released
3. They might flee
jurisdiction
4. They may not appear for trial
5. There is concern that the justice system
is not working in the public’s best
interest if the accused is release
If the JP does not agree with the Crown during
the Show Cause they can release the
accused and impose any of the following
conditions.
1. The accused may be denied association with
certain people, or must
remain in a specific area
or give up their passport
2. The accused must pay a recognizance
with or without sureties which are
people who will have to pay if the
accused fails to appear in court
3. The accused must make a money
deposit along with the recognizance
Preparing an Indictment
Before any trial the Crown prepares an
Indictment which is a formal written
accusation of the charges
The indictment gives formal notice to the accused
of the specific charges
Pre-Trial Conference
A pre-trial conference is usually held after
the indictment has been prepared
At the conference the judge, Crown and
Defence discuss issues related to the
trial
The Crown must make full disclosure to the
defence of any evidence that has been
obtained
Plea Bargain
Many people charged with a crime admit to
it but when someone pleads not guilty
the Crown may offer a Plea Bargain
A Plea Bargain is an agreement between
the Crown and Defence
It may include:
1. Reduction in the original charge
2. Withdrawal of pending charges
3. Recommendation of sentence
(reduction of sentence)
4. Prosecution of summary rather than
indictable offence
5. Avoidance of a prison sentence
6. Recommendation not to apply for a
harsher penalty if there is a previous
conviction
Preliminary Hearing
 An accused charged with an indictable
offence may choose trial by judge alone
or by judge and jury
 The accused has the option of a
preliminary hearing
 The purpose of the preliminary hearing is
to weed out weak cases and give the
accused a chance to see the Crown’s
case
 At the hearing the witnesses are called,
examined and cross-examined
 The defence does not have to call
witnesses and in almost all cases does
not.
 The Crown only has to show they have
sufficient evidence not prove beyond a
reasonable doubt.
 The judge may order a publication ban
The accused may wave their right to a
preliminary hearing if:
 They plead guilty
 They want to proceed to trial quickly
 They want to avoid further expense
 They want to avoid negative publicity