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

oence?1

How does the Crown

choose to proceed?2

Oence listed in s 553?4

Hybrid

Indictably

Indictable

Summary conviction

Summarily

Yes

Oence listed in

s 469?3

Accused elects mode of trial5

No

Prov ct

Yes

Accused might

dispense with jury6

Judge alone Judge 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