ARREST

ARREST

1. HAVE TO HAVE REASONABLE GROUNDS

2. REASONABLE AND PROBABLE GROUNDS

   • ARREST WARRANT
   • APPEARANCE NOTICE
     • SUMMARY CONVICTION + LESS SERIOUS
     • SWEAR AN INFORMATION
   • SEARCH WARRANT

3. STEPS

   • IDENTIFY THEMSELVES
     • "YOU'RE UNDER ARREST" + REASONS
       • RIGHT TO COUNSEL
         • RIGHT TO REMAIN SILENT
           • PHYSICAL TOUCH = SIGNIFY ARREST

4. RIGHT TO NOT ANSWER ANY QUESTIONS WITHOUT A LAWYER

   • BAIL HEARING (24H)
     • UNDERTAKING / RECOGNIZANCE
       • AWAITING TRIAL
         • TALK TO DEFENCE LAWYER
           • DISCLOSURE
             • PRELIMINARY HEARING
               • TRIAL DATE SET / TYPE OF COURT ESTABLISHED
                 • PLEA ENTERED
                   • GUILTY: SENTENCED IMMEDIATELY
                   • NOT GUILTY: TRIAL DATE SET
                     • RESOLUTION DISCUSSIONS
                       • PLEA NEGOTIATION / BARGAIN: NO TRIAL
                       • TRIAL
                         • BEGINNING MOTIONS (E.G. STAY OF PROCEEDINGS)
                           • TRIAL IS STAYED
                           • TRIAL CONTINUES
                             • JURY
                               • LIST OF JURORS
                                 • JURY SELECTED BY DEFENCE + CROWN
                                   • CHALLENGE OF THE JURY LIST
                                   • CHALLENGE FOR CAUSE
                                   • PEREMPTORY CHALLENGE
                                   • 12 JURY MEMBERS SWORN IN
                                     • DELIBERATION ROOM FOR VERDICT
                             • ARRAIGNMENT
                               • CROWN OPENING STATEMENT
                                 • CROWN EVIDENCE CALLED
                                   • EXAMINATION IN CHIEF / DIRECT EXAMINATION
                                     • CROSS EXAMINATION
                                       • RE-EXAMINATION
                                         • RE-CROSS-EXAMINATION
                                           • DEFENCE: DIRECTED VERDICT
                                             • VERDICT OF "NOT GUILTY"
                                             • CASE CONTINUES
                                               • DEFENCE PRESENTS EVIDENCE
                                                 • CROSS-EXAMINE
                                                   • RE-EXAMINE
                                                     • REBUTTAL
                                                       • SURREBUTTAL
     • COULD APPEAL IF NOT RELEASED (WRIT OF HABEAS CORPUS)