A criminal case is an investigation by the police into a suspected crime. The investigation may result in an arrest and charging the accused with a criminal offence. Once the accused is charged, they will appear in court and be arraigned (formally asked to enter a plea). The charges may be an indictable offence which is more serious or a summary offence.
The accused will be advised of the charge(s) against them, the maximum penalty and what their rights are. The accused can choose to have the case heard by a judge alone in provincial court or a judge and jury in superior court.
There may be a pre-trial hearing where the prosecutor and defendant could agree on a plea agreement to avoid trial. The prosecutor will present evidence at the trial and the defence lawyer will call witnesses and submit other evidence to discredit the prosecution’s case. For example, expert witnesses can provide objective scientific or highly specialized evidence to refute the prosecution’s evidence. An alibi witness can also cast doubt on the prosecution’s story.
The prosecution will give opening statements that outline the proof they expect to present at the trial. After the opening statements the defence and prosecution lawyers can cross-examine each other’s witnesses.
Once the prosecution and defence lawyers have completed their examination of the witnesses the jury will be asked to retire and consider their verdict. To find the accused guilty they must be sure beyond a reasonable doubt that they committed the offence. If the jury isn’t sure they must find them not guilty, or acquit them.
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