Criminal Proceedings: A Guide to Stages and Procedures
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Overview of Summary Cases
Summary cases involve less complex offenses, and their proceedings are generally faster-paced. The stages involved in summary cases include:
Stages of a Summary Case
- Orientation Session: Held prior to the initial hearing for defendants.
- Initial Hearing: The first court appearance where the defendant is informed of the charges against them.
- Pre-Trial Case Management: The court reviews the case and sets directions for its progression.
- Omnibus Conference: A meeting between parties to discuss the case, often held before trial.
- Trial: The final stage where evidence is presented and a verdict is delivered.
Overview of Indictable Cases
Indictable cases involve more complex offenses, requiring a grand jury indictment or other formal process. The stages involved in indictable cases include:
Stages of an Indictable Case
- Orientation Session: Held prior to the initial hearing for defendants.
- Initial Hearing: The first court appearance where the defendant is informed of the charges against them.
- Sufficiency Hearing: A hearing to determine if there is enough evidence to proceed with the case.
- Indictment: A formal process where the grand jury indicts the accused.
- Plea and Directions Hearing: A meeting between parties to discuss the case, often held before trial. This includes arraignment, case management conference, and omnibus conference.
- Trial: The final stage where evidence is presented and a verdict is delivered.
Orientation Sessions
Orientation sessions are crucial in preparing defendants for the court process. These sessions include:
Purpose of Orientation Sessions
- Take attendance
- Note adjournment requests
- Prepare bench warrant list
- Verify address and contact information
- Cross-check against court’s warrant and criminal history file
- Acquaint with court procedures
Providing Initial Details of Prosecution Case
The prosecution must provide initial details to the court office as soon as possible, but no later than commencement of the initial hearing. These details should include:
Content of Initial Details
- A summary of evidence, documents, statements, and other relevant information.
- Failure to comply may lead to comments from the court or sanctions.
Case Management
Case management is essential in ensuring the smooth progression of cases. The court must actively manage the case by:
Responsibilities of Case Management
- Identifying real issues
- Early identification of witness needs (e.g., interpretation services)
- Achieving certainty on what will be done, by whom, and when
- Monitoring progress and compliance with directions
- Discouraging delay
Case Progression Officers
Each party must specify a person responsible for progressing the case. The court may nominate a court officer to oversee the case. Case progression officers are responsible for:
Responsibilities of Case Progression Officers
- Monitoring compliance with directions
- Keeping the court informed
This guide provides an overview of the stages and procedures involved in criminal proceedings, highlighting the importance of orientation sessions, initial details of prosecution cases, case management, and case progression officers.