If an accused person chooses to give evidence, he or she may be cross-examined by the prosecutor and must answer questions.Īfter all witnesses have been called, both the prosecutor and the defence lawyer present their closing arguments. They do not have to give evidence at trial. Cross-examination is a way to test the truth of something a witness has testified about.Īn accused person has the right to remain silent.
Even if there has been a preliminary hearing, witnesses still need to testify at trial and may be cross-examined on what they say at the trial or what they said at the preliminary inquiry. This person may not be present in all situations.įor more information, visit canada.ca/victims.ĭisclaimer: This infographic contains general information only, and is not intended as legal advice.ĭesigns of courtrooms vary across the country.Īt trial, the prosecutor and the defence lawyer call witnesses and present evidence and arguments to support their case. A support person is a person who the Court has agreed can be present and close to the witness.The court interpreter translates what is said in court so the witness or accused can use the official language they feel most comfortable using.Make sure the prosecutor has all the information he or she needs to make a case against the accused. The investigating officer is the police officer who investigated the crime and who helps.Into a recording machine or by typing it into a computer. The court reporter records what is said in the courtroom by repeating what he or she hears.If the accused is being kept in jail, the court officer will escort the accused to and from the courtroom. The court officer helps to keep people safe in the courtroom.The court clerk helps the judge in the courtroom, for example by making the court schedule, calling the Court to order, or reading the charges against the accused to everyone in court.Witness cope with testifying at trial or to present a victim impact statement when the offender is sentenced. A victim/witness worker can provide information and help to victims during the criminal justice process, for example by helping a victim or.Information in order to protect the identity of a victim or witness. The Court can order that reporters not publish certain Reporters are often in the courtroom to report information about the case.The public gallery is a seating area in the courtroom where members of the public may sit to observe what happens in court.This person may also be called a Crown Attorney.
He or she listens to what is said in court and decides if the accused is guilty, unless there is a jury that makes this decision instead. The judge or justice is in charge of the Court.This picture is one example of what a courtroom may look like and the people the victim may see inside. The Court commits the accused person to trial if there is enough evidence to support a trial, and if the accused pleads not guilty, the Court sets a trial date. The Court will dismiss the charge if it finds that there is not enough evidence to send the case to trial. The prosecutor may call witnesses to give evidence. Preliminary hearings are only held for indictable offences.Īt the preliminary hearing, the prosecutor presents the most important parts of the evidence against the accused. Preliminary HearingĪ preliminary hearing is a hearing held by the Court to decide whether there is enough evidence to send the case to trial. Accused found not criminally responsibleĪ trial is the formal process where the Court will decide whether the prosecutor proves beyond a reasonable doubt that the accused committed the offence charged.Third party records in sexual offence cases.