For anyone involved in the Canadian justice system, understanding the structure of a criminal jury trial is essential. This post explains each phase of the process, helping individuals prepare for what to expect at every stage.
1. Before the Trial Begins
The process begins when a jury summons is issued. This official document is mailed to randomly selected individuals based on government databases such as health records. The summons requires the recipient to attend court for jury selection. Responding to the summons is mandatory, and failure to do so can result in fines. However, individuals who meet certain criteria—such as experiencing significant hardship or having a conflict of interest—may apply to the court for exemption.
On the day of jury selection, those summoned must report to the courthouse, pass through security, and check in by presenting their summons and identification. They are then directed to an assembly room, where they wait until their names are drawn. Those selected proceed to the courtroom, where they may be questioned by the judge and legal counsel to assess their ability to remain impartial. Both the Crown (prosecution) and the defence can challenge potential jurors, and those successfully challenged will be dismissed. This process continues until 12 jurors have been confirmed. Once sworn in, jurors commit to serving for the duration of the trial.
Protect your future. Speak with an experienced criminal lawyer now—call (855) 585-1777 for a confidential consultation.
2. Inside the Courtroom: The Trial Process
Once the trial begins, jurors must be present in court each day until the trial concludes. They are responsible for their own transportation to and from the courthouse and may leave the premises during scheduled breaks. Each day, jurors gather in a designated jury room before entering the courtroom, where they sit in the jury stand. Other key individuals present in the courtroom include the judge, lawyers, court clerks, security staff, and the accused.
The trial commences with opening statements from both the Crown and the defence. These statements outline the case, preview the evidence, and present each side’s perspective. The next stage is the presentation of evidence, during which the Crown presents its case first. This typically involves calling witnesses and introducing exhibits such as documents, photographs, or physical evidence. The defence is permitted to cross-examine the Crown’s witnesses to challenge their testimony. Once the prosecution has concluded, the defence may present its own witnesses and evidence, subject to cross-examination by the Crown.
Arrested or under investigation? Get legal advice now—call (855) 585-1777 for immediate assistance.
When all evidence has been presented, the trial moves to closing arguments, where each side summarizes their case and attempts to persuade the jury. The judge then provides jury instructions, explaining relevant laws, how the jury should evaluate evidence, and the legal standard that must be met for a conviction. Once instructions are given, the jury proceeds to deliberation.
Image source: https://www.ccohs.ca/infectious-diseases/courts/criminal-jury-process
3. Verdict, Sentencing, and What Comes Next
During jury deliberation, jurors discuss the case privately to reach a verdict. To convict or acquit, the jury must be unanimous. If the jury is unable to agree, the judge may declare a hung jury, which could result in a new trial. If the jury reaches a decision, the verdict announcement takes place in open court. The foreperson, who represents the jury, delivers the verdict to the judge. If the accused is found not guilty, they are immediately released. If the verdict is guilty, the judge schedules a sentencing hearing to determine the appropriate penalty based on the offence and the accused’s personal circumstances.
After sentencing, both the prosecution and defence have the right to appeal the verdict or sentence under specific legal grounds. Appeals are reviewed by higher courts, which have the authority to affirm, modify, or overturn the original ruling.
Criminal jury trials follow a structured process that can be complex and overwhelming. For those facing charges, understanding these phases is essential to ensuring their rights are upheld. Seeking the guidance of an experienced criminal defence lawyer can provide critical support throughout the trial process.
Don’t Face Your Criminal Charge Alone
An experienced criminal defence lawyer is vital when dealing with criminal charges. They can guide you through the legal maze, safeguard your rights, and devise a robust defence strategy specific to your case.
Get a Free Legal Consultation With a Criminal Lawyer
Do not hesitate to contact us if you are facing criminal charges. Call (855) 585-1777 and a skilled criminal defence lawyer will review your case with you and consider your alternatives.