Criminal Process, Part VI: Upon Conviction
This is the last stage of this 6-part series. If an accused is found guilty after trial or pleads guilty before trial, this is where the sentence is decided by the judge. If an accused is found guilty after trial or pleads guilty before trial, this is where the sentence is decided by the judge. […]
Criminal Process, Part V: Criminal Trial
We set out below what happens during a trial. A trial is a very fluid process. The unexpected can happen and lawyers have to be experienced and be quick on their feet to deal with these contingencies. In any case, below is the usual trial process. Commencement of Prosecution’s Case A criminal trial will usually […]
Criminal Process, Part IV: Before Trial
In this 4th of this 6-part series, we let you know what happens when an accused chooses to stand trial. Pre-Trial Conference The accused may choose to claim trial during the mention of his/her case. Or the accused may need more time to consider what to do or consult with a lawyer before deciding. […]
Criminal Process, Part III: After the First Mention/Pleading Guilty
This is the 3rd of this 6-part series on the criminal process. Here, we will look at what happens after an accused has been charged. Engaging a lawyer In almost every case, it would be beneficial to engage a lawyer to assist the accused with his/her case. Of course, there may be some cases […]
Criminal Process, Part II: Formal Bringing of Charges
This 2nd part of the criminal process looks at what happens during/after the investigations and the police decide that they are going to recommend that the accused be charged. Receive formal charge at the police station At any time during the investigation, or once investigations are complete, the police may decide to charge an individual. This […]
Criminal Process, Part I: Forming a Charge
In the first of this 6-part series of articles on the Criminal Process, we look at what happens at the very beginning of the criminal process. First Information Report (FIR) The First Information Report (“FIR”) is the first document prepared by the police containing information that the police received about an alleged commission of […]