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Pleas

Before there can be a preliminary inquiry or trial, the accused must enter a plea. He or she appears before a judge, the Information is read (or, if the accused has a lawyer, the lawyer may "waive" reading of the charge(s)), and the accused is asked whether he or she pleads "guilty" or "not guilty". This procedure is what is known as "arraignment".

Naturally enough, the case only goes on to preliminary inquiry or trial if the plea entered is "not guilty". If the accused pleads guilty, the next step is sentencing, either right then or on a later date.

If you, as the accused, are ready at the time scheduled, but the prosecutor either fails to attend, or is not ready to go ahead with the case, you MAY be able to get the judge to dismiss the charge, for "want of prosecution" (this does not happen often).

The plea "not guilty" does not, technically, mean "innocent". What it really means is that you are insisting that the prosecutor prove whatever is alleged against you. If the charge cannot be proved to the court's satisfaction, beyond a reasonable doubt, you are entitled to be acquitted.

There are actually other pleas available, in some instances. If you plead "autrefois acquit", it means you are claiming you were charged with the same offence before, entered a "not guilty" plea, and were acquitted (found not guilty). If you plead "autrefois convict", you are claiming you were already convicted once for the same criminal act. These special pleas come from the rule against "double jeopardy": you cannot be put at risk of conviction more than once, for any single alleged criminal act.

 

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FIRST LINE CRIMINAL LAW INFORMATION

A Free Criminal Law and Procedure Handbook by Martin F. Allen,
Criminal Defence Lawyer in Victoria, B.C., Canada

BASTION LAW - Your First Line of Criminal Defence in Canada

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