The judicial process
It is important for a person charged with an offense in criminal law to understand the judicial process and its various stages in order to be better prepared for what’s ahead.
Moreover, it is the duty of the criminal lawyer to ensure that each client understands the process.It is therefore very important to consult us quickly following an arrest.
1. STAGES PRECEDING THE JUDICIAL PROCESS
a) The arrestThere are two types of arrest in criminal law, arrest with or without warrant.The police officer may arrest without warrant
- a person who has committed an indictable offense or who, on reasonable grounds, he believes has committed or is about to commit an indictable offense;
- a person whom he finds committing a criminal offense; or
- a person in respect of whom he has reasonable grounds to believe that a warrant of arrest is in force
b) The detentionFollowing an arrest, the officer has the power (mostly discretionary, subject to exceptions) to release the person from custody or keep him detained.When the police officer decides to release an individual from custody, he may do so in the following matter :
- release the person with the intention of compelling their appearance by way of summons;
- release the person on their giving a promise to appear;
- release the person on the person’s entering into a recognizance before the officer in charge and compelling their appearance by way of summons