![]() ![]() It could be well over a year before your case comes to trial. Note that trial waiting times vary around the country. If an agreement about resolving the case isn’t reached at the case review, a date for a judge-alone trial or jury trial will be set. When you have pleaded not guilty, a date will be set for a case review, see “Pre-trial processes” in this chapter. You should make this choice at the time you plead not guilty, otherwise you will be tried by a judge sitting without a jury. If the charge is a Category 3 offence (that is, punishable by a jail term of two years or more), you have a right to choose to be tried by a jury. This means that you only need to raise a reasonable doubt that you did not commit the offence to be found not guilty. “Beyond reasonable doubt” is the standard of proof used in all criminal cases. It is their job to present all the evidence to prove the charge (for example that it was you, and not someone else, that committed the offence). You are entitled to plead not guilty and make the prosecution prove every aspect of the charge beyond reasonable doubt. ![]() If you plead not guilty, it means you are saying you did not commit the offence you have been charged with and the prosecution must prove otherwise. Note: If you admit to committing the offence and it is a minor offence, you may be eligible for diversion (see “ Ways to stay out of court: Diversion and Restorative Justice” in this chapter). In some cases, a Restorative Justice conference may also be suitable, see “Restorative justice conferences” in this chapter. The judge will then decide your sentence. Your lawyer will tell the judge about your personal circumstances and your point of view about the offence (a “plea in mitigation”). Talk to your lawyer if you don’t agree with some of what is stated in the summary of facts. See “ How the judge decides your sentence: Reports from Probation Officers” in this chapter.Īt sentencing, the police prosecutor will read out the summary of facts (these are the facts the police rely on to prove that the offence was committed) and state their recommended sentence. These reports are prepared by probation officers, who are generally in the courtroom. ![]() The court will then decide what punishment (“sentence”) you will be given, see the “Sentencing” section of this chapter.ĭepending on the seriousness of the charges, the judge may sentence you straight away, order a “stand-down report” for sentencing later that day, or order a full pre-sentence report before sentencing you on another day. If you plead guilty, this means that you admit committing the offence you have been charged with. ![]()
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