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Family Violence and the Criminal Code

484 bytes added, 15:16, 27 November 2023
Criminal cases and the criminal court process
After the police have conducted their investigation, they may prepare a document called a ''Report to Crown Counsel''. Among other things, this report describes witnesses’ statements and recommends whether criminal charges should be laid. Crown counsel decides whether there is enough evidence to lay charges. If they think there is enough evidence, the charges will be approved, beginning the criminal court process.
Depending on how the processes of investigation, arrest, and charges charging unfold, an accused person may be arrested and held in custody while the criminal matter is being decided, or they may be arrested and then released into the community on conditions, usually called an ''undertaking'' or ''recognizance'', until the criminal matter is finished.
If The criminal court process takes time, just like the civil court process. Typically the first court date is several months from the initial incident. The first court date is typically used to ensure that the accused person is released into has information about the community until trialcharges and evidence, to determine if they have a lawyer, their release will normally be on conditions and to not contact schedule further court dates. There are often several “scheduling” dates before either a guilty plea is entered or communicate with the complainant and other witnesses until the a trial date is completedset. Other release conditions may require that they:
===Conditions of release until trial=== If an accused person is released into the community until trial, their release will normally be on conditions to not contact or communicate with the complainant and other witnesses until the trial is completed. Crown counsel may ask for other release conditions, such as conditions that the accused person: * surrender , or not possess , firearms or weapons,
* not go to the complainant’s home, school, or workplace,
* not go to the complainant’s children's school or daycare,
* not come within a certain distance of the complainant’s home,or* not contact the complainant or the children, directly or indirectly, or* fulfill any other conditions that may be necessary for the safety of the complainant and the children.
The criminal court process takes time. Typically the first court date is several months from the initial incident. The first court date is typically used to ensure judge may impose any other conditions that are reasonably necessary for the accused person has information about safety of the charges complainant and evidence, to determine if they have a lawyer, and to schedule further court dates. There are often several “scheduling” dates before either a guilty plea is entered or a trial date is setany children.
===Outcomes for of criminal cases===
STOPPED HEREThere are three general paths that criminal cases can take. The first are when the charges are ''withdrawn'' (permanently dropped) or ''stayed'' (put on hold, sometimes indefinitely) by crown counsel. Charges may be withdrawn when the crown counsel no longer thinks they can prove the offence or they have decided it is not in the public interest to prosecute the case. Charges may be stayed if the accused pleads guilty and admits they committed a crime. Guilty pleas often involve the accused making an agreement with crown counsel to proceed on fewer or less serious charges, and may also include an agreement between crown counsel and the accused about the sentence they will ask the judge to impose..
There are three general paths that criminal cases can take. The first is when the charges are ''withdrawn'' (permanently dropped) or ''stayed'' (put on hold, sometimes indefinitely) by crown counsel. Charges may be withdrawn when the crown counsel no longer thinks they can prove the offence or they have decided it is not in the public interest to proceed. Charges may be stayed if the accused pleads guilty and admits they committed a crime. Guilty pleas often involve the accused making an agreement with crown counsel to proceed on fewer or less serious charges, and may also include an agreement that both crown counsel and the accused will both ask the judge to order a particular sentence. The third path is going to trial, which happens when the accused person denies that the crime happeneddecides not to plead guilty. At a trial, Crown crown counsel must prove to the court that the accused person committed the crimecrimes with which they have been charged.
If the accused person pleads guilty or is found guilty after a trial, or changes their mind and pleads guitly during the trial, a judge will determine what sentence should be appliedimposed. The decision about sentencing is often made at a hearing does not always happen on the same court date as that is scheduled after the trial or guilty plea. What The sentence a the judge chooses will depend on the circumstances of the offence , the range of sentences required by the ''Criminal Code'' for each charge, and any past record of conduct related to the offence. Because offences related to family violence cover a wide range of circumstances, the sentences imposed for family violence cases can be very differentvary from case to case.
Some sentences that a person may face after a finding of guilt are:
* a ''discharge'', which can be absolute or be accompanied by certain conditions; as long as any conditions are successfully completed no conviction is registered
* a ''suspended sentence'', with conditions, which means a period of probation, and a criminal conviction
* a ''conditional sentence'', which generally means house arrest
* a ''jail sentence''
* a ''fine'', which may also be combined with a jail sentence
* an ''discharge'', which can be absolute or be accompanied by certain conditions, and as long as any conditions are successfully completed no conviction will be recorded,* a ''suspended sentence'', which means a period of probation with conditions imposed on the person's behaviour as well as a criminal conviction,* a ''conditional sentence'', which generally means house arrest with conditions imposed on the person's behaviour as well as a criminal conviction, * a ''jail sentence'', and* a ''fine'', which may also be combined with a jail sentence. A finding of guilt normally results in the person having a criminal record that will impact a person them even after the their sentence is complete. Criminal records can restrict employment, prevent someone from volunteeringwith community groups and charitable organizations, and limit a person's ability to travel outside of Canada.
In addition to the sentences outlined above, if Crown crown counsel decides not to seek a criminal conviction and sentence, they may still ask the court to order a peace bond either under section 810 of the ''Criminal Code'' or the common law. A peace bond is a preventive order. It does not require proof that a crime has taken place, does not result in a criminal conviction, and it is not intended as a punishment. Instead, the Crown crown must show that the complainant has a reasonable basis for fearing the accused person. The court will then order conditions to protect the complainant, often including orders prohibiting contact. If the person breaches the peace bond, they may be criminally charged for breaking a court order.
==Information for those who have experienced violence==