CRIMINAL GENERAL- PROVINCIAL COURT OF BRITISH COLUMBIA

Criminal -Types of cases:
The BC Provincial Court can hear all criminal matters, except murder committed by adults and a few obscure offences, such as "alarming her majesty” and treason. For these types of cases, the trial takes place in Supreme Court. Most other cases at least begin in Provincial Court and about 95% of all criminal cases also end in Provincial Court.

Criminal cases begin when the Crown “charges” a person with a crime. That person is either arrested or summoned to court. If they are arrested, they are brought to court for a “bail hearing” where a judge decides whether to let them out until the trial.

People charged with a crime can either plead guilty or plead not guilty. If they plead guilty they will be sentenced. If they plead not guilty they will have a trial where a judge will decide if they are guilty or not.

The procedure of a criminal case depends on the type of crime a person is charged with. For less serious crimes, a person is charged with “summary” offences. For more serious crimes, a person is charged with “indictable” offences. The trial for summary offences must take place in Provincial Court. Someone accused of an indictable offence can “elect” or choose to have their trial in the Provincial Court in front of a Provincial Court judge OR in Supreme Court in front of a Supreme Court judge or jury. If they choose a Supreme Court trial, they go through the extra step of a “preliminary Inquiry”.

Preliminary inquiries take place in front of a judge in the Provincial Court. The purpose is to make sure the Crown has enough evidence to take the matter to trial. If they show they have enough evidence, the case is transferred to Supreme Court.

If someone pleads guilty or is found guilty after a Provincial Court trial then a Provincial Court judge will decide on a sentence at a sentencing hearing.

Appeals
Summary offences or sentences from Provincial Court in BC are appealed to the Supreme Court.

Indictable offence convictions or sentences are appealed to the Court of Appeal.

Bail decisions on either indictable or summary offences can be reviewed in the Supreme Court.
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