KAWARTHA SEXUAL ASSAULT CENTRE
411 Water Street, Suite 102
24 HOUR CRISIS LINE
(705) 741- 0260
Toll Free 1-866-298-7778
Peterborough, Ontario K9H 3L9
Business Line (705) 748- 5901 Fax: (705) 741- 0405
Office Hours Monday to Friday 9:30 a.m. - 4:30 p.m
SEXUAL ASSAULT LEGAL KIT
The Criminal Legal Process
The criminal legal process can be lengthy and strenuous. Sometimes it can take over a year for the case to go to trial. It is important to note that the Crown need only present "some evidence" upon which a judge or jury might convict the accused. The following outline lists the steps involved:
Survivor calls police. Police Officer sent out. Survivor is interviewed and an investigation is conducted.
The process stops here. There is simply not enough evidence to proceed.
Police file evidence with Crown. Crown proceeds. Accused is arrested.
The process stops here. Charge not approved by Crown because there is simply not enough evidence, or other grounds to proceed.
   
Crown proceeds.
At the bail hearing the Crown must "show cause" why the accused should be detained or conditions imposed.
   
Accused makes appearance in court.
Accused remands to hire a lawyer OR accused pleads guilty OR Crown decides to withdraw charges OR to enter a plea bargain.
 
Depending on which charges are laid (those that call for a shorter sentence or those that call for a stiffer penalty), the accused may have a trial by judge, or by judge and jury.
Preliminary Hearing (applies only in those cases where a stiffer penalty is sought)
Accused is discharged: Judge finds there is not enough evidence to proceed to trial.
   
Accused proceeds to trial.
 
Accused is found guilty or not guilty.
   
Sentence Hearing
If accused found guilty, judge will impose sentence at sentence hearing. Court will look at the Victim Impact Statement (if available).
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