Skip to main content

What to be considered before carrying out prosecution.

Things to be considered before prosecution.
Investigation ,Laying a Charge,Deciding whether to prosecute,Requiring then accused to attend court, entering a plea and bail condition depending on the Type of offence arraigned ,Choice of trial court and election by accused, Preliminary inquiry ,plea negotiations/plea- bargain ,Trial,outcome,The verdict,Sentencing,possible Appeals are the thing to be considered step by step before jumping into criminal trial.

A crime is committed.
Leads are followed, evidence is gathered, and a suspect is charged with the offence. The criminal legal process begins.
For the victims of crime, their families and the community, the complexity of the Canadian criminal justice system can often seem difficult and frustrating.
This page takes you step-by-step through a Canadian criminal case. It explains the process clearly and simply to help you to understand, in a general way, how a Canadian criminal prosecution works.

1. Investigation
The police conduct criminal investigations. Investigations begin when police witness behaviour or receive information about behaviour which may be a crime. Some criminal investigations are completed quickly. Others take weeks, months, or, in complex matters, years to complete.

2. Laying a charge
The decision to lay a charge rests with the police. If, based on reasonable grounds, the police believe a person has committed a crime, they may lay a charge. They must consider all evidence against the accused, witness statements, case law, burden of proof and other variables.
When the police lay a charge, they complete an information package describing all the evidence and deliver a package to the Crown attorney. The accused person or, more often, the accused person's lawyer, also receives a copy of the information package. The court receives a list of charges against the accused person from the police.
TOP
3. Deciding whether to prosecute
The Crown attorney is responsible for deciding whether to proceed with charges against an accused person. He or she is required to prosecute cases fairly and treat all parties in the case, including victims, witnesses and the accused, in a fair manner. He or she must also consider the public interest in making a decision. The Crown attorney must answer two very important questions:
Is there a reasonable likelihood of conviction?
Is it in the public interest to proceed?
If the answer to both of these questions is yes, the Crown attorney will prosecute. If the answer to either or both of these questions is no, the Crown attorney will not prosecute. In this way, the Crown attorney exercises prosecutorial discretion. Another element of this discretion is that the Crown attorney may decide that it is not beneficial to proceed with all the charges against the accused. In that case, some of the charges may be dropped.
TOP
4. Requiring the accused to attend court, entering a plea and bail
Most people charged with a crime receive a document by the police advising them of the date and courtroom where and when they are required to appear to answer to the charge. Sometimes, the crime is very serious or the accused person has a criminal record. In these cases, the accused person may be held in jail until his or her first court appearance.
If the accused person is held in jail, there may be a bail hearing held to determine whether he or she should be released or held until trial. In determining whether to oppose the accused person's release on bail, the Crown attorney must consider the public interest and the need to promote confidence in the administration of justice. Before making this decision, the Crown attorney will consider all necessary and relevant information. His or her decision must be based on legal considerations, government policies and public safety. In most cases the Crown attorney must show cause why detaining the accused in custody is justified. or the judge may decide to release the accused person.

Ochili Michael.

Comments

Popular posts from this blog

THE UMUAHIA/IKWUANO/IKOT EKPENE ROAD: A SHAMELESS ATTEMPT TO REWRITE A KNOWN STORY

I read with a mixture of amusement and sadness the statement credited to one Mr. Chidi Uwaeziozi, who claims to be the Controller of Works for Abia State in the Federal Ministry of Works. In that statement, he asserted that the Umuahia/Ikwuano/Ikot Ekpene Road continues to be executed and funded by the Federal Government, apparently in response to recent remarks from the administration of His Excellency, Governor Alex Otti, which identified the project as a State-led intervention. Ordinarily, such a claim would not deserve a response, especially as the Abia State Government has already addressed and refuted the misleading assertions contained in that statement. However, it is important that the people of Abia State, and indeed Nigerians, understand the true situation surrounding this vital road project. Infrastructure remains the backbone of economic development. Roads in particular connect communities, facilitate trade, and reduce the burden of daily life for ordinary citi...

International updates

http://m.peacefmonline.com/pages/business/economy/201606/282552.php Inflation in Ghana goes sway. The year-on-year inflation rate increased slightly to 18.9 percent in May compared to 18.7 per cent in May, Dr Philomena Nyarko, Government Statistician, said on Wednesday. The monthly change rate for May was 1.1 per cent compared to the 1.4 percent recorded in April 2016. Dr Nyarko said the non-food group recorded a year-on-year inflation rate of 25.0 percent in May compared to 24.8 recorded in April, while the year-on-year food inflation rate for May was 8.5 percent compared with the 8.4 per cent recorded in April. She explained that the main drivers for the non-food inflation rate are transport, housing, electricity, gas and fuels, education and recreation and culture while that of the food inflation include vegetables, oils and fats, fruits, mineral water, soft drinks, fruits and vegetable juices. At the regional level, the year-on-on year, Greater Accra and Ashanti regions reco...

LAWSAN Awarded Governor Ifeanyi Ugwuanyi The Best Governor Of The Year.

His Excellency Governor Ifeanyi Ugwu has been awarded  the best Governor of the year by the Law Students Association of Nigeria (LAWSAN). The award is in recognition of Govenor Ugwuanyi’s track-record and contributions to Nigerian Legal Education in particular and leadership in general . The group also praised Governor Ugwuanyi for his doggedness and personal inspiration towards youth empowerment. According to the information reaching us from the media desk of "Gov. Ugwuanyi News Updates" , the said award is awarded every year, to the best Governor who has contributed to the legal education of The Nigerian youth. The information posted on the Facebook page of the  Gov. Ugwuanyi News Updates Was reported as follows by # amokelouis: Nigerian law students, under the aegis of Law Students’ Association of Nigeria (LAWSAN) will during their national convention scheduled for Friday, September 11, 2020, at Abuja, honour Governor Ifeanyi Ugwuanyi of Enugu State...

A high profile lecturer and quintessential Bar Lady, Damn Ozioma Izuorah, Inspires Otu Oka-iwu Executive with Historical Lecture and Sage Advice.

Renowned author and lecturer, Dame Ozioma Izuorah, also known as 'The Lioness of the Bar,' captivated the Otu Oka-iwu Executive with a profound historical lecture, enlightening them on the creation and significance of Otu Oka-iwu, Abuja. Her words of wisdom and sage advice left a lasting impact on all who had the privilege of listening to her. Dame Izuorah, with her undeniable charm and eloquence, urged the Executive to prioritize unity and strive to eradicate divisiveness within the organization. She stressed the importance of focusing on programs that would serve the greater good, emphasizing the need for a comprehensive headcount of lawyers in Abuja, with a particular focus on those serving on the Bench. Dame Izuorah highlighted the necessity of ensuring that Igbo Lawyers receive the recognition they deserve within Abuja's legal community. Expressing her gratitude to the Executive for their visit, The Lioness offered her unwavering support to the administrati...

High Court of the Federal Capital Territory Invites Lawyers to Annual Legal Year Ceremony.

The High Court of the Federal Capital Territory (FCT) is set to hold its highly anticipated 2023/2024 annual legal year ceremony. This significant event, which brings together legal professionals, will comprise Juma'at prayer, a church service, and the main legal year ceremony. The High Court extends a warm invitation to all lawyers to participate in these events, fostering unity and camaraderie within the legal community. Series of events kicks off with Juma'at prayer which will take place on Friday, 27th October 2023, at the prestigious Al-Nur Juma'at Mosque in Wuse 2, Abuja. This gathering serves as an opportunity for legal practitioners to come together in a spiritual setting, seeking blessings and guidance for the upcoming legal year. It provides a platform for lawyers to strengthen their bonds and reaffirm their commitment to justice. Church Service: Continuing the tradition, a church service will be held on Monday, 30th October 2023, at St. Matthew's ...

His Excellency, Governor peter Mbah of Enugu State, has appointed HRM Igwe Samuel Asadu as the new chairman of Council of Traditional Rulers (ENTRC) in Enugu State.

The Newly appointed Chairman of Enugu State Council of Traditional Rulers (ENTRC), HRM Igwe Samuel Asadu (Igwe Ogadagidi) has said that traditional rulers in the state will key into the economic development plans of Gov. Peter Mbah to move the state to a greater height. Enugu Monarchs to Key into Mbah’s economic plan – Asadu, new ENTRC Chairman thanked the Governor Peter Mbah for appointing him as the Chairman of the Enugu State Council of Traditional Rulers,  it is a call to serve and he will do that to the best of his ability. The people of Enugu State are lucky to have Mbah as their Governor because he has demonstrated high capacity and ingenuity in harnessing human and natural resources to turn around the economic fortune of Enugu State. He promised to mobilize traditional rulers in the States to support  Governor Peter Mbah’s administration as well as key into the economic development plans of the state,”  The New ENTRC chairman thanked the people of Edem...
I'm reading [Dominic Breazeale KNOCKOUT LOSS! vs Anthony Joshua], and recommending for you! [https://www.youtube.com/watch?v=IxEqDhQHQ8A&index=69&list=PLMgLYyo3mS5ypg4TgVTXownOixQXK5p3O]. (From APUS Launcher: http://www.apusapps.com/ )

NBA President, Y.C Maikyau - applauds Otu-okaiwu, Abuja apprenticeship scheme, declares NBA total support for the endowment scheme and assured that the scheme would be expanded to become a national mentorship policy of the federal government.

The Otu-okaiwu, Abuja Igba Boyi Endowment Launch received wide spectrum of support from notable members of the Nigerian Bar Association, including the President of the NBA, Mr. Yakubu C. Maikyau. I believe that this program has the potential to make a significant contribution to the development of the legal profession in Nigeria. find other interesting articles via a click. email us @mlegaldairy.com The Igba Boyi apprenticeship model is a unique and valuable way to transfer knowledge and skills from experienced lawyers to young lawyers. It is also a way to promote mentorship and career development for young lawyers. I am particularly impressed by the fact that the program is open to young lawyers of all backgrounds, not just Igbo lawyers. <script async src="https://pagead2.googlesyndication.com/pagead/js/adsbygoogle.js?client=ca-pub-8245393355293729"      crossorigin="anonymous"></script> On Thursday, September 14, 2023, the Otu Oka-Iwu Abuja...

Congratulations to the 32nd President-Elect of the Nigerian Bar Association: Afam Josiah Osigwe and the Newly Elected Officers.

I want to first and foremost heartily congratulate our 32nd President-Elect of the Nigerian Bar Association, Learned Silk Afam Josiah Osigwe. Sir, your outstanding success in the just concluded NBA national elections shows that indeed most members of the NBA have absolute confidence in your capacity to fulfill your pledge to take the NBA towards its brightest future.   Your election to this noble office reflects on the testimony to the trust and confidence as well as the high appreciation that members of the Legal profession have vested in your competent leadership. I am personally convinced that with your great deal of experience and outstanding performance for the cause of the Association's development, your wise leadership will move the NBA forward to greater success and achievements shortly.  I further congratulate all other newly elected officers of the NBA:  1. 1st Vice-President Elect, Mr. Sabastian Anyia 2. 2nd Vice-President Elect, Mrs. Bolatumi Olasu...