Call Us 24/7 AT (416) 658-1818
Once disclosure has been provided, counsel will need to discuss your case with the Crown. In complex cases, the discussion will require the presence of a judge. These pre-trial discussions are known as "Crown Pre-trials" and "Judicial Pre-trials".
Early consultation between prosecution and defence counsel is crucial as it helps determine which issues can be agreed upon and which ones need to be adjudicated at trial. An important part of the legal process is the Crown pre-trial, where your lawyer will engage in an informal discussion about your case with the Crown.
This meeting has another name, which is a "Crown Resolution Meeting". If you have been charged, it's highly recommended to have a lawyer conduct pre-trials. This ensures that your defence is not compromised.
After this meeting, the counsel can advise on whether a plea bargain would be more beneficial or if it's more appropriate to proceed to trial. The pre-trial helps narrow down the issues at hand and assesses whether a judicial pretrial hearing or a preliminary inquiry is required.
At this point, discussions will be held between the Crown Attorney and the defence about whether the Crown intends to carry on with the charges as laid. Assuming the charges are to be carried on, the Crown and defence may talk about whether the accused will plead "guilty" or "not guilty".
If a trial is on the horizon, the Crown and defence lawyer may discuss the number of witnesses required for the trial and estimate how long the trial might take. After a pre-trial, the counsel should be sufficiently informed to set a trial date.
Typical pre-trial discussions can involve various topics. They might be concerned about the Crown's stance in the event of a guilty plea. Negotiations on a guilty plea could also be a highlighted subject. Other potential areas of discussion could include whether there's a possibility to alter the bail conditions, or how long a trial could take.
Outstanding items in disclosure might become talking points as well. The need for specific witnesses at the trial and pertinent legal issues might be a part of the discourse. Lastly, potential constitutional arguments could be brought up for discussion.
At the Crown pre-trial, the council will be able to decide whether resolving the case by way of a plea bargain is the appropriate approach. Plea negotiations occur when the accused agrees to plead "guilty", which can lead to a reduction of charge severity, dismissal of some charges or a recommendation for a particular sentence from the prosecutor.
It's also possible that the defendant might be required to reveal certain information. It could be the whereabouts of stolen goods, names of other individuals involved in the crime or admitting to other crimes. In instances when a plea bargain is reached, both parties present their respective stances regarding the sentence to the court. It's also conceivable that they might make a joint recommendation to the Court for the judge to ponder.
In most cases where the defence and prosecution find common ground, the judge will likely accede. However, it's important for anyone who pleads guilty to know that the final decision on the sentence rests with the judge. In complicated cases, either the Crown or Defence might ask for a judge to be present during the pre-trial discussions. This is known as a judicial pre-trial and it's similar to a Crown pre-trial.
The key difference lies in the fact that the judge acts as a mediator in a judicial pre-trial. The judge may provide insights into the merits of the case in an attempt to bring one party to a fair compromise. The aim is for the judge to encourage the parties to settle on non-contentious issues, thus decreasing the trial length.
Similar to the Crown pre-trial, although the meeting is short, it's a necessity for trials expected to last longer than a few hours. The accused does not need to be present for these discussions. Once the pre-trial meetings conclude, the accused must then decide whether to proceed to trial or resolve the charge via a guilty plea, assuming that the Crown counsel wishes to proceed with the prosecution.
It cannot be emphasized enough how critical it is for individuals charged with a criminal offence to be represented by counsel at both the Crown pretrial and judicial pretrial. Not just any counsel, but a skilled defence lawyer—someone who is adept in dealing with complex evidentiary issues and negotiation processes.
