If you live in Prince Albert or plan to migrate there, do not miss this article! We will quickly guide criminal law and how to find criminal lawyers in Prince Albert.
The main parts of this guide are the basics of the criminal justice system, criminal offences, criminal defences, the criminal court process, and sentencing. So, you could feel a lot safer after knowing what to do in which legal condition!
Without any more ado, let’s dive into the main topic!
The Criminal Justice System in Prince Albert
The criminal justice system in Prince Albert investigates and prosecutes criminal offences. They punish and rehabilitate offenders to show the way to good life. The system has three main components:
- The police
- The Crown Prosecutor’s office
- The courts
The police investigate criminal offences and apprehend suspects. They also have the authorized permission to arrest people besides seizing evidence.
The Crown Prosecutor’s Office
The Crown Prosecutor’s office prosecutes criminal offences in court. The Crown prosecutors decide whether to charge a suspect for the crime. They represent the Crown or the government at trial.
The courts hear and decide criminal cases. There are two levels of court in Prince Albert
Provincial Court: The Provincial Court is the lower court in Prince Albert. They hear most criminal cases, including all summary conviction and indictable offences, that are tried by a judge alone.
Superior Court: The Superior Court is the higher court in Prince Albert. They hear all indictable offences tried by a judge and jury and appeals from provincial court.
Difference Between Offence vs Defence in Prince Albert
A criminal offence is an act or omission that the law prohibits. We can divide criminal offences into summary conviction offences and indictable offences.
Summary conviction offences: Summary conviction offences are the less serious type of criminal offence. They are punishable by a fine of up to $5,000, imprisonment for up to six months, or both.
Indictable offences: Indictable offences are the more serious type of criminal offence. Convicts receive an order for imprisonment for more than six months or a combination of imprisonment and a fine.
A criminal defence is a legal argument. An accused person can use it to avoid being convicted of a crime. There are many different criminal defenses, but some of the most common include:
Alibi: The accused person was not at the scene of the crime at the time it was committed.
Self-defence: The accused person used reasonable force to defend themselves or another person from imminent harm.
Duress: The accused person was forced to commit the crime by threats of violence or death.
Insanity: The accused person was mentally ill at the time of the crime and did not understand that what they were doing was wrong.
The Criminal Court Process in Prince Albert
The criminal court process begins when the police arrest and charge a suspect with a crime. The suspect is then prosecuted in court, informed of the charges against them, and asked to enter a plea.
- The judge will sentence them immediately after finding the suspect guilty. The case will go to trial if the suspect pleads not guilty.
- The Crown prosecutor will try to prove that the accused is guilty at trial. The accused person’s lawyer will have the opportunity to cross-examine the Crown’s witnesses with their own evidence.
- After the evidence has been presented, the judge will instruct the jury on the law. The jury will then deliberate and decide whether or not the accused person is guilty.
- The judge will sentence them if the jury finds the accused guilty. If the jury finds the accused person not guilty, they will be acquitted.
The Sentencing Process in Prince Albert
Sentencing serves three purposes regarding the convicted person.
- To punish the offender,
- To deter the crime
- To rehabilitate the offender.
The judge will consider some important factors when sentencing an offender. His choice includes three things.
- The nature of the offence
- The offender’s criminal record
- The crime’s impact on the victim.
The judge can impose a variety of sentences, including:
- Community service
- Restitution orders
Remember that criminal law in Prince Albert is a complex and ever-changing area of law. We have provided a brief overview of some criminal law basics. Our concerns include the criminal justice system, criminal offences, criminal defences, the criminal court process, and sentencing.
If you have been accused of a crime in Prince Albert, it is important to seek legal advice from criminal lawyers in Prince Albert. A lawyer would help you have your rights and represent you in court. So, use the resource and find an expert lawyer.