montmartre collab ppt 2

The Role of Judges in Criminal

Law

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Judges must interpret laws passed by Parliament or by the provincial Legislatures and decide how to apply the law to a specific case before the court.

The Role of Judges in Criminal Law

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Judges have the power to decide whether a law is consistent with the Canadian Charter of Rights and Freedoms. If the law is not consistent, the judge has the power to strike down the law

The Role of Judges in Criminal Law

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Types of Criminal Offences

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Types of Criminal Offences

There are three types of criminal offences:

1- Summary Conviction Offences

2- Indictable Offences

3- Hybrid or Dual Procedure Offences

Types of Criminal Offences

The type of offence determines:

1- The power of arrest for a citizen or police

2- The rights of the accused

3- How the trial will proceed

4- What penalty will be imposed

Summary Conviction Offences

•These are minor offences for which an accused can be arrested or summoned to court without delay.

Summary Conviction Offences

•Maximum penalty for most summary offences is $2000 and/or 6 month is jail.

Summary Conviction Offences

• In the Controlled Drugs and Substances Act, the maximum penalty for a summary offence is $2000 and/or 1 year in jail.

• All provincial quasi criminal offences are summary offences.

• Provincial penalties vary from small fines to imprisonment.

• There is a 6 month limitation period for the laying of a charge for a summary offence.

Summary Conviction Offences

• The accused may send a representative to trial instead of appearing personally although a judge may require the accused to appear in person.

Summary Conviction Offences

• For some quasi-criminal offences, the accused can plead guilty by signing the guilty plea on the ticket. If the accused wants to plead not guilty they must appear in person.

Summary Conviction Offences

• Examples: communicating for the purpose of obtaining the sexual services of a prostitute, causing a disturbance, and harassing telephone calls.

Summary Conviction Offences