Canadian Legal FAQS- Eld-crt-02
 
 

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What can my mother expect at court when she goes to give evidence?

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When someone pleads not guilty to a criminal offence, there has to be a trial to determine if that person is guilty or innocent. The police or the prosecutors will try to establish the guilt of the accused person by calling witnesses, such as your mother, to give evidence about the events. The trial might be in Provincial Court or Court of Queen's Bench. The information about where to go will be on the subpoena. The purpose of the court proceeding will be to either establish that there is enough evidence for the accused person to stand trial, or it will be the trial itself.

At court, your mother will have to wait outside the courtroom until she is called in. She will then be asked to swear or affirm an oath that the evidence she gives will be the truth. The prosecutor will then question her about the events leading to the accused being charged. Following these questions, the lawyer defending the accused (or if there is no lawyer, the accused) will cross-examine your mother. If there are no further questions and no need for her to stay, the judge will release your mother and she will be free to leave. This is the general procedure for anyone attending court to give evidence in relation to any criminal case.


January 2006

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