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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.
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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.
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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.

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