Determining the Mode of Trial
| Author | Steve Coughlan/Alex Gorlewski |
| Pages | 240-250 |
240 Preliminary Matters / Determining the Mode of Trial
2.4(a) Determining the Mode of Trial
Trial by
provincial court
judge13
Trial by
superior court
judge and jury
Trial by
superior court
judge alone
What type of
oence?1
How does the Crown
choose to proceed?2
Oence listed in s 553?4
Hybrid
Indictably
Indictable
Summary conviction
Summarily
Yes
Oence listed in
s 469?3
Accused elects mode of trial5
No
Prov ct
Yes
Accused might
dispense with jury6
Judge aloneJudge and jury
Crown could force
judge and jury7
Indictment could be preferred
without a preliminary inquiry8
Preliminary inquiry held9Discharge10
Insuficient
evidence
Suficient
evidence
Accused may be able to re-elect — see Chart 2.4(b)12
No
Accused
enters plea11
Accused
enters plea11
Accused
enters plea11
Suficient
evidence
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