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 Court System
BAIL HEARING
The purpose of the bail hearing is to determine whether the accused will be released or remain in custody. At the bail hearing or show cause hearing the Crown must demonstrate why the accused should be detained, or why conditions should be imposed on the accused pending trial. You, as the survivor, have the right to attend and to address the court if you choose to do so.
1.
 The bail hearing usually takes place within 24 hours of the arrest of the accused.  
2.
 The justice of the peace, the accused, the defence counsel and the Crown are present at the bail hearing.  
3.
 Bail is frequently granted to the accused under their "own recognizance". "Own recognizance" means the accused is trusted to act according to the judge's directions.  
4.
 Bail is usually not granted if:  
 
the accused is not a resident, ie., has no local address;
 
the accused is viewed as being a threat to the community;
 
the accused is not trusted to return to court;
 
there is fear that the accused might reoffend;
 
the accused is viewed to be a serious threat to the survivor
 
the accused stands charged with a serious offence.
 
5.
 If bail is not granted the accused stays in custody and the trial proceedings advance more quickly.
6.
 Bail hearings are open to the general public; however, the court bans the publication of any part of the hearing.
7.
 At the bail hearing, the accused's past is examined for prior charges, previous convictions, or failures to appear in court.
If bail is granted to the accused and the survivor is aware of the accused breaking bail conditions, s/he can report it to the police.
PRELIMINARY HEARING
(the preliminary hearing does not always apply)
The purpose of the preliminary hearing is to establish whether there is any evidence upon which a jury, properly instructed, could convict the accused. The amount of evidence needed to commit a case to trial is minimal. Some factors a judge may consider are:
statements from other witnesses;
evidence from the Police Officer;
the presence of sufficient physical evidence of the assault;
the survivor's credibility as a complainant and witness.
1.
 A judge, the accused, the defence counsel, and the Crown are present.
2.
 The Crown will present witnesses, such as the survivor, who will testify and be cross-examined.
3.
 The preliminary hearing is open to the general public; however, the court bans publication of any part of the hearing.
4.
 Sometimes several months can pass between the arrest of the accused and the preliminary hearing.
5.
 When the preliminary hearing is concluded the judge determines whether the case will proceed to trial.
6.
 The survivor can be accompanied by a support person, e.g., staff from a sexual assault centre.
TRIAL
The purpose of the trial is to hear all evidence before the court and to establish the guilt or innocence of the accused beyond a reasonable doubt. The survivor is not responsible for the cost of the court proceedings. The Crown will usually meet with the survivor a few times before the proceedings.
1.
 A judge (not the same one from the preliminary trial), the accused, the defence counsel, and the Crown are present. There may also be new witnesses, such as private investigators, character witnesses and any other witnesses the Crown deems necessary. The Crown witnesses are brought in at the Crown's expense.
2.
 The trial is open to the general public.
3.
 Several months may pass between the preliminary hearing and the trial.
4.
 The survivor can be accompanied to the trial by a support person, e.g., staff from a sexual assault centre.
USUAL ORDER FOR PRELIMINARY HEARING AND CRIMINAL TRIAL
1.
 The Crown: Crown presents its case and decides the order of its witnesses.
 
Chief Witness - sexual assault survivor;
 
the survivor gives an account of the assault;
 
the Crown questions the survivor for details and clarification;
 
defence counsel cross-examines the survivor and other witnesses;
 
police officers who investigated the case are questioned;
 
the examining doctor may be questioned about the case;
 
the first person the survivor spoke to may be questioned;
 
the pathologist or lab technician may be requested to explain test results;
 
and any other people the Crown believes might be helpful to the case.
The defence counsel is allowed to cross-examine each witness the Crown questions. The purpose of the cross-examination is to show inconsistencies or inaccuracies in the statements made by the Crowns witnesses.
2.
 The Defence: The defence presents its case and decides the order of its witnesses:
 
It is not necessary for the accused to testify;
 
Sometimes there will be character witnesses for the accused;
 
The defence will sometimes present the findings of private investigators;
 
The defence will present a defence for the accused.
The Crown is allowed to cross-examine each witness the defence counsel presents.
3.
 Summation The defence and the Crown sum up evidence and provide the judge with legal arguments in support of their respective cases.
4.
 Innocent or Guilty The judge or jury decides whether the accused is innocent or guilty. If the accused is found to be guilty, a sentence hearing will be scheduled.
5.
 Sentence Hearing The judge is responsible for sentencing the accused. Sentencing usually takes place several weeks after the end of the trial. The judge considers the seriousness of the assault, its effect on the survivor, and the accused's previous criminal record.
VICTIM IMPACT STATEMENT
The survivor can submit a victim impact statement which is provided through the Police or the Crown. The victim impact statement form allows the survivor to express her/his feelings about the assault. It helps the judge to understand the effects of the assault on the survivor. The Crown may have it filed, be called as evidence, or presented orally.
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