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• • • • • • • • • • • • MLA 7 th Edition Pringle, A. 'Criminal Procedure'. The Canadian Encyclopedia. Toronto: Historica Canada, 2012. 'Criminal Procedure'.

The Canadian Encyclopedia. Toronto: Historica Canada, 2012. • APA 6 th Edition Pringle, A. 2018 Chevrolet Tahoe Suburban Owner S Manual. The Canadian Encyclopedia. Criminal procedure. Retrieved August 13, 2018 From Pringle, A.

The Canadian Encyclopedia. Criminal procedure. Retrieved August 13, 2018 From • Chicago 16 th Edition Pringle, A. 'Criminal Procedure.'

Criminal Procedure DefinitionWhat Is Criminal Procedure

In The Canadian Encyclopedia. Historica Canada, 1985—. Article published February 7, 2012 Pringle, A. 'Criminal Procedure.' In The Canadian Encyclopedia. Historica Canada, 1985—.

Article published February 7, 2012 • Turabian Pringle, A. Criminal Procedure. The Canadian Encyclopedia (accessed August 13, 2018). Criminal Procedure. 1964 Lemans Assembly Manual on this page.

Ca Criminal Procedure Manual

The Canadian Encyclopedia (accessed August 13, 2018). • While every effort has been made to follow citation style rules, there may be some discrepancies. Please refer to the appropriate style manual or other sources if you have any questions. • • • • • • • • • • • • MLA 7 th Edition A. Pringle 'Criminal Procedure' The Canadian Encyclopedia. Toronto: Historica Canada, 2012. Pringle 'Criminal Procedure' The Canadian Encyclopedia.

Toronto: Historica Canada, 2012. • APA 6 th Edition A. The Canadian Encyclopedia. Criminal Procedure. Retrieved August 13, 2018, from A. The Canadian Encyclopedia.

Criminal Procedure. Retrieved August 13, 2018, from • Chicago 16 th Edition A.

'Criminal Procedure' In The Canadian Encyclopedia. Historica Canada, 1985–. Article published February 6, 2012. 'Criminal Procedure' In The Canadian Encyclopedia. Historica Canada, 1985–.

Article published February 6, 2012. • Turabian A. Criminal Procedure. The Canadian Encyclopedia (accessed August 13, 2018).

Criminal Procedure. The Canadian Encyclopedia (accessed August 13, 2018). • While every effort has been made to follow citation style rules, there may be some discrepancies. Please refer to the appropriate style manual or other sources if you have any questions. Criminal procedure is an integral but distinct part of in Canada.

It is distinct from the substance of criminal law in that it does not define the type of conduct that constitutes a criminal offence or establishes punishment, but rather determines by whom and in what circumstances prosecutions against accused offenders may be initiated, conducted, terminated and appealed. Criminal procedure is a set of rules according to which the substantive law is administered. The principal objective of criminal law procedure is to ensure a fair and just process in the determination of guilt or innocence. This determination is made in accord with those principles that Canadians have accepted as reflecting the proper balance between the value of protection of society and the value of individual freedom ( see ).

Criminal procedure commences long before an accused person appears in court, as detailed laws cover how police may investigate a crime ( see ). For example, there are many procedural rules in the or in the that define how and when police may interrogate witnesses or suspects, search persons and places, arrest suspects, seize evidence, and use telephone wiretaps. Criminal procedure then sets out the rules as to how a charge is laid, when accused persons will obtain bail, and in what court they will eventually have their trial. The actual court process is set in motion by the swearing of an Information (popularly known as a charge) before a justice of the peace or (provincial court judge). An Information is an allegation by a citizen (usually a police officer) that reasonable and probable grounds exist to believe another person (the accused) has committed a crime.

All offences in Canada may be classified as indictable (the more serious) or summary conviction (the less serious). Some offences may, at the discretion of the Crown, be prosecuted either by indictment or by summary conviction. The trial of summary conviction offences is either before a magistrate or a justice of the peace, and generally they carry a maximum punishment of $2000 or 6 months in prison. Summary conviction proceedings generally have a limitation period of 6 months from the date of the offence.

Procedure with respect to indictable offences is more complicated and varies from province to province. Depending upon the type of indictable offence, the Criminal Code will determine whether the trial can be heard by a magistrate, a high-court judge (County Court, District Court, Supreme Court or Queen's Bench judges appointed by the federal government), or by a court composed of a high court sitting with a.

Generally, when an accused is going to have a trial by a high-court judge or by a court composed of a judge and jury, he has the right to a preliminary hearing. There are several procedural provisions in the Criminal Code that deal with how the preliminary hearing should be conducted and what rights the accused has at this stage of the criminal prosecution. The preliminary hearing is held by a magistrate and the crown prosecutor presents the witnesses that he will rely upon at the trial. The accused through his counsel is allowed to cross-examine these witnesses. The public is allowed to attend, but often the press are not able to report the evidence heard. The issue at the preliminary hearing is not to determine innocence or guilt but to determine whether there is sufficient evidence to justify a trial. If it is decided sufficient evidence exists, the accused will be ordered to stand trial in the higher court by the magistrate.

There is no specific time limitation regarding when an accused must be charged with an indictable offence, although the requires that, once charged, the accused be tried within a reasonable time. The maximum punishment for each indictable offence is set out in the Criminal Code and varies from offence to offence. Whether an accused is charged with a summary conviction offence or an indictable offence, he is eventually called upon to state in open court whether he pleads guilty or not guilty. If the plea is not guilty, the case will proceed to trial; if guilty, then a sentencing will take place before the judge who received the plea. There are several procedural rules as to how guilty pleas may be entered and how a judge may sentence an accused.