Charging
How It Works
Overview of Charging
Definition:
Charging is the formal process where law enforcement or a prosecuting authority accuses an individual of committing a criminal offence. It involves the preparation and filing of charges that specify the alleged criminal conduct and serve as the basis for subsequent legal proceedings.
1. Investigation and Gathering Evidence
Initial Investigation:
Evidence Collection: Before charges are laid, law enforcement conducts an investigation to gather evidence related to the alleged crime. This can include collecting witness statements, physical evidence, forensic analysis, and reviewing documents.
Police Reports: Investigators prepare detailed reports summarizing the findings and evidence. These reports play a crucial role in determining whether there is sufficient evidence to proceed with charges.
Review by the Crown Prosecutor:
Assessment of Evidence: Once the investigation is complete, the case file is forwarded to the Crown Prosecutor (or Crown Counsel). The prosecutor reviews the evidence to assess whether there is a reasonable likelihood of conviction.
Charging Decision: The prosecutor considers several factors, including the strength of the evidence, the severity of the offence, public interest, and potential impact on the accused. Based on this assessment, the prosecutor decides whether to proceed with charges.
2. Types of Charges
Summary Offenses:
Definition: Summary offences are less serious crimes, such as minor theft or certain types of assault. They are typically handled more quickly and with less severe penalties.
Charging Process: For summary offences, charges can be laid directly by the police or through a prosecutor’s decision. The accused may face a simpler and faster legal process.
Indictable Offenses:
Definition: Indictable offences are more serious crimes, such as murder, robbery, or large-scale fraud. These offences carry more severe penalties and require a more formal legal process.
Charging Process: For indictable offences, the Crown Prosecutor usually decides whether to proceed with charges after reviewing the evidence. In some cases, a preliminary inquiry may be conducted to determine if there is enough evidence to proceed to trial.
Hybrid Offenses:
Definition: Hybrid offences can be prosecuted as either summary or indictable offences, depending on the circumstances and the discretion of the Crown Prosecutor.
Charging Process: The prosecutor decides whether to proceed by summary conviction or indictment based on the severity of the offence, the accused’s criminal history, and other relevant factors.
3. Formal Charging Document
Types of Documents:
Information: For indictable offences, the prosecutor prepares a formal document called an "Information" that outlines the charges and the alleged facts. This document is filed with the court to initiate the legal process.
Summons or Citation: For less serious offences, a summons or citation may be issued, informing the accused of the charges and requiring them to appear in court.
Content of Charging Documents:
Details of the Offence: The document includes a detailed description of the alleged crime, including the date, location, and nature of the offence.
Legal Basis: It specifies the legal provisions or sections of the Criminal Code or other relevant statutes that the accused is alleged to have violated.
4. Filing and Court Appearance
Filing Charges:
Submission to Court: The charging document is filed with the court, and a copy is served to the accused. The court then schedules an appearance for the accused to respond to the charges.
Initial Court Appearance:
First Appearance: The accused appears in court for the first time, where they are formally informed of the charges against them. This appearance is often referred to as an "arraignment" or "first appearance."
Plea Entry: During this appearance, the accused may enter a plea (guilty, not guilty, or no contest). If the accused pleads not guilty, the case proceeds to further stages, such as a preliminary inquiry or trial.
5. Role of the Defence Lawyer
Legal Representation:
Advice and Guidance: A defence lawyer provides essential advice and guidance to the accused throughout the charging process. They help the accused understand the charges, their rights, and the potential consequences.
Preparation for Court: The defence lawyer prepares for the initial court appearance, negotiates with the prosecution, and develops a strategy for defending against the charges.
6. Impact of Charging Decisions
Consequences of Charging:
Legal Proceedings: The decision to lay charges initiates legal proceedings that can lead to a trial, plea negotiations, or other resolutions.
Bail and Release: Following the charging decision, the court may consider bail or release conditions for the accused, depending on the nature of the charges and the accused’s history.
Public and Personal Impact:
Criminal Record: Being charged with a crime can have significant implications for the accused’s personal and professional life, including potential damage to reputation and employment prospects.
Legal Outcomes: The charging decision influences the trajectory of the case and the potential legal outcomes, including the possibility of conviction, acquittal, or a negotiated resolution.