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Criminal Justice Process

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Scroll your mouse over the boxes in the process chart to learn more.

Offence
An offence is a violation of the law.
Call Police or 911
If the police or 911 have been called and criminal charges have been laid, a victim enters the criminal justice system.
Police Investigate
Police investigate and decide whether there are reasonable grounds to lay charges.
Peace Bond
If charges are not laid, and you have reasonable grounds to fear that a person may harm you or your family, you can go to your local courthouse (click on the Court Addresses link in the left column) and ask a Justice of the Peace to issue a peace bond.

A peace bond orders a person to keep the peace for a specified period of time, and can include conditions to protect you and your family. For example, it can direct a person to not contact or communicate with you or your family, or to not come within a specified distance of your home, place of employment, or school.
Charge
If the police have reasonable grounds (good reason) to believe that a criminal offence has been committed, or is about to be committed, they can arrest an accused. If they can't locate an accused person, police can obtain a warrant for the accused's arrest.

Once an accused is arrested, police can hold the accused person in custody for a bail hearing, or release them with or without conditions

Following the arrest, police decide whether there are reasonable grounds (good reason) to lay charges. If charges are laid, they will be formally set out in an Information, which is sworn to by a police officer and filed with the Court.
No charge
If charges are not laid, it may mean there is not enough evidence to proceed.

You may want to ask the police officer investigating the case for the reason.
Bail
A commonly used term for a Recognizance of Bail. When a person is not released by the arresting officer, the person must be taken before a judicial officer to determine whether the person should remain in custody pending trial.

The term "bail" is often used to refer to the money paid as security for the person showing up the next time he or she is required to appear in court.

Judges consider many factors when deciding whether or not to grant bail. If an accused is released on bail, the Court can order the accused to comply with certain conditions until the trial . Examples of bail conditions include:

Not contacting or communicating with the victim or others
Not being in a certain area or at a certain address.

Victims can be notified of bail requests by the police, local Crown attorney's office, or the Victim/Witness Assistance Program (VWAP)

If you fear the person who is asking for bail, notify VWAP or the Crown attorney prior to the bail hearing.
Crown review
A Crown attorney reviews all charges and proceeds with a prosecution only if there is a reasonable prospect (good chance) of conviction, and where the prosecution is in the public interest.
Charges withdrawn
The Crown attorney can decide to continue the criminal process or stop it altogether . The criminal process ends when a Crown attorney advises the Court that the charges against the accused are withdrawn.
Proceed with prosecution
If the Crown proceeds with the prosecution, an accused can plead 'guilty' or 'not guilty' to the charges. If an accused pleads not guilty, a date will be set for either a trial or a preliminary hearing (also called a preliminary inquiry), depending on the nature of the charges.
Guilty plea
If an accused pleads guilty, this means that they admit the offence and the Crown Attorney does not need to call evidence to prove the case. The judge will hold a sentencing hearing, either immediately or at a later time.
Preliminary hearing
A preliminary hearing is conducted by a court to determine whether the Crown has enough evidence for a trial of an accused. The hearing does not establish whether an accused is guilty or innocent.

At the end of the hearing, an accused will either be discharged (meaning an accused no longer faces the charges) or ordered to stand trial on the charges laid, or on revised charges.
Trial
A trial is the hearing of a legal issue by a court. Trials tend to involve testimony from witnesses.

A trial is scheduled after a preliminary inquiry and is presided over by a judge. An accused can choose to be tried by a judge alone, or by a judge and jury.

The Crown Attorney will present evidence against an accused at the trial by calling witnesses, including victims, to discuss what they know about the relevant events. An accused's lawyer (or the accused where he or she does not have a lawyer) is allowed to cross-examine all witnesses. If an accused does not have a lawyer, a judge in certain circumstances may appoint a lawyer to cross-examine a victim on their behalf.

The Crown attorney is not the victim's lawyer. Victims may not hire a lawyer to assist them in the trial itself. However, in some cases they may retain their own lawyer for specific issues such as publication bans, or in circumstances where the accused attempts to get copies of their private records (e.g. psychiatric records, medical records, Children's Aid records).

An accused is presumed innocent and does not have to present evidence in defence of the charges. An accused does not have to testify or call evidence. If an accused chooses to testify or call witnesses, the Crown attorney can cross-examine an accused and any witnesses.

After all the evidence is presented, the jury (if it is a trial by a jury) or the judge (if it is a trial by a judge only) will decide if an accused is guilty or not guilty of the offences.
Finding of guilt
If the accused is found guilty, the judge will direct that a sentencing hearing be held, either immediately or at a later time.
Acquittal
If an accused is found not guilty of the charges against him or her, the judge will acquit the individual and direct that he or she is free to go.
Sentencing
A sentence is the penalty imposed on a finding of guilt. Sentences are imposed by the judge or justice of the peace hearing the case. There are many different types of sentences, including:

Concurrent Sentence - two or more terms of imprisonment served at the same time.
Conditional Sentence - where a sentence of imprisonment of less than two years is given, the judge may order that the sentence be served in the community subject to conditions (rather than in jail).
Consecutive Sentence - two or more prison terms served one after the other.
Custody and Community Supervision/Custody and Conditional Supervision - the Youth Criminal Justice Act allows for a custody and community or conditional supervision order, where two thirds of the sentence is served in custody and one third is served in the community under supervision. This type of sentence can only be given to a youth under 18 who is sentenced under the Youth Criminal Justice Act.
Discharge - a release from obligation when a legal duty has ended. In the criminal context, this is also used as an alternative sentencing option for an accused who has been found guilty. The result of a discharge is that there is a finding of guilt but no criminal record.
Fine - a monetary (financial) penalty.
Imprisonment - confining someone in a jail or prison.
Intermittent Sentence - a sentence made up of periods of imprisonment broken up by periods of probation. Intermittent sentences may be given for sentences of imprisonment for 90 days or less, usually to avoid job loss , interruption of education or childcare.
Probation - an order authorizing a person to be in the community subject to conditions listed in the order.
Restitution - an order requiring a convicted person to return property to its rightful owner, compensate for a loss, or repair damage.
Suspended Sentence - the release of the convicted person on certain conditions in a probation order. The result of a suspended sentence may mean an offender doesn't spend any time in jail/prison, but the finding of guilt remains on a person's record (unlike a discharge).
Appeal
In Canada, anyone found guilty of breaking the law can ask a higher court to review what happened at the trial. This is called an appeal. The accused and the Crown may appeal a sentence and conviction, however, the Crown's right to appeal is not as broad as that of the accused. Victims have no right to appeal.
Victim notification system
The Victim Notification System allows a victim to access information about a provincially sentenced offender and register for automated notifications when there is a change in the offender's status.
Criminal Injuries Compensation Board
Even if criminal charges are not laid, a victim may be eligible to receive financial compensation from the Criminal Injuries Compensation Board (CICB). A victim can apply for compensation at any stage of the criminal justice process.

For more information, please visit the CICB website at www.cicb.gov.on.ca
Victim Crisis Assistance & Referral Services
The Victim Crisis Assistance & Referral Services (VCARS) program provides immediate, on-site service to victims of crime 24 hours a day, seven days a week.

With a victim's consent, police will arrange for VCARS staff and/or specially trained volunteers to provide on-site, short-term assistance to victims, and make referrals to community agencies for long-term assistance.

For more information, visit the Victim Crisis Assistance & Referral Services website (www.vcarsontario.com)
Victim/Witness Assistance Program
The Victim/Witness Assistance Program (VWAP) is a court-based program that provides information, assistance and support to victims and witnesses of crime to increase their understanding of, and participation in, the criminal court process.

VWAP staff can:

Explain the criminal justice process
Provide case-specific information (e.g. court dates, hearing outcomes, copies of bail and/or probation orders)
Give a courtroom orientation
Help prepare witnesses for trial by explaining the court process
Connect victims and/or witnesses to community agencies for additional support
Help victims prepare a Victim Impact Statement (hyperlink to actual form)

VWAP staff do not discuss the evidence or facts of the case. Victims who wish to discuss these matters will be directed to the police or Crown attorney.

To find the VWAP office nearest you, call the Victim Support Line toll-free at 1-888-579-2888, or 416-314-2447 in the Greater Toronto Area.
Provincial jail
Offenders with custodial sentences less than two years are transferred to a provincial facility to serve their sentences.
Non-custodial options
Intermittent Sentences
An intermittent sentence of up to 90 days is served on specific days only and not on consecutive days of the week.
Example: An offender who is sentenced to an intermittent sentence could serve his/her time from Friday night to Monday morning.
- A probation order, outlining specific conditions and restrictions, is mandatory when the offender is in the community.
- If an offender re-offends while on an intermittent sentence, and is sentenced to a further term of imprisonment, the intermittent sentence is served on consecutive days like an ordinary sentence in addition to the new sentence imposed by the second trial judge.

Conditional Sentences
A conditional sentence is:
- a term of up to two years less a day; and
- served in the community under supervision rather than in a correctional facility.
The court must be satisfied that serving the sentence in the community will not endanger public safety and may impose mandatory conditions and restrictions.
If the offender does not meet the conditions and restrictions, he/she can be returned to court and ordered to serve some or all of the remainder of his/her sentence in custody.
Federal penitentiary
Offenders with custodial sentences greater than two years are transferred to federal custody to serve their sentences. Federal facilities are either Maximum, Medium or Minimum security.
Released at sentence expiry
This is the latest date on which a sentence expires. This date may be extended if an offender:
- has been on bail pending an appeal of his/her sentence; or
- is unlawfully at large after parole has been suspended or after escaping from custody.
Conditional release
Where a sentence of imprisonment of less than two years is given, the judge may order that all or part of the sentence be served in the community, subject to conditions.
Parole
Parole is early, conditional release from custody granted by the Ontario Parole and Earned Release Board. It allows only a carefully screened offender to serve the latter portion of his/her sentence under supervision in the community. In Ontario, an offender serving a sentence of up to two years less a day can apply for parole consideration to the Ontario Parole and Earned Release Board. (An offender serving a sentence of more than two years in federal penitentiaries has his/her application for parole considered by the National Parole Board.)
Released at sentence expiry
This is the latest date on which a sentence expires. This date may be extended if an offender:
- has been on bail pending an appeal of his/her sentence; or
- is unlawfully at large after parole has been suspended or after escaping from custody.

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