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Criminal
Defending Yourself in Provincial Court, Fact Sheet 4: Your Trial
Why is there a trial?
There is a trial because you say you are not guilty and the Crown prosecutor says you are. At the trial you and the Crown can present evidence. The judge will decide if you are guilty of the offence “beyond a reasonable doubt”. It is not enough for the judge to think you probably committed an offence. A judge cannot find you guilty unless satisfied beyond a reasonable doubt that you are guilty. A basic principle of our justice system is it's better to let a guilty person go free than to punish someone who is innocent.
What happens if I don't go to the trial?
The judge may, in some circumstances, go ahead with the trial in your absence, or may make a warrant for your arrest. For provincial offences, like speeding tickets, the judge may simply find you guilty if you do not go to your trial.
How long will the trial take?
A trial may take anywhere from a few minutes to a day or two. It depends on how complex your case is. Every criminal trial has 5 basic steps:
Step 1: The case is called
What do I do when I arrive at the courtroom?
You can sit in the public seating at the back of the courtroom. Wait until a court official calls your name. Then go to the table opposite the prosecutor. The judge reads the charge(s) against you and asks if you are ready to begin the trial. Stand and say "Yes, Your Honour". If you and the Crown prosecutor are both ready, the trial begins.
Do the witnesses stay in the courtroom during the trial?
Either you or the Crown prosecutor may ask the judge to have all the witnesses leave the courtroom until they testify. This is an exclusion order. It prevents each witness from hearing what the others say. The order does not include you because you have the right to be in the courtroom to defend yourself properly. (However, the judge may remove you for disorderly behaviour.)
Step 2: The Crown prosecutor presents evidence
What happens first?
The Crown prosecutor calls Crown witnesses first. Often the main Crown witness is the police officer who handled the investigation. Each witness swears an oath or makes a solemn affirmation to tell the truth. Then the prosecutor asks the witness questions.
What should I do while the Crown prosecutor questions witnesses?
Write down the main points each witness makes. Note any weak spots or points where witnesses contradict themselves or each other. Even if you disagree with what a witness is saying, you must not interrupt. Later you can point out any weaknesses and contradictions when it is your turn to question the witness or during your submission.
Note: If a person involved in a court proceeding thinks the other side is breaking a rule of evidence, he or she can object. The judge decides whether to allow the evidence.
Do I have a chance to ask the Crown witnesses questions?
When the Crown prosecutor finishes with each witness, it is your turn to ask them questions. This is cross-examination. Try to ask questions that will make the judge doubt the Crown witnesses. For example, you might show the witness is not sure of the facts or the evidence is weak. Remember, you are allowed to ask Crown witnesses leading questions – questions that suggest the answer you want.
You do not have to cross-examine each witness. It depends on what they said. If you agree with the witness, you may not need to cross-examine. If you think the witness left something out or was inconsistent or untruthful, you may want to ask the witness about it.
Is the witness finished after cross-examination?
When you question each witness, the Crown prosecutor has a chance to re-direct. This means, he or she may ask the witness more questions to clear up any new issue that came up during your cross-examination.
What happens after the Crown prosecutor finishes calling witnesses?
After calling all the Crown witnesses, the Crown prosecutor will say, "That is the case for the Crown." At this point, you may suggest to the judge that there is not enough evidence to prove you are guilty. In other words, the Crown prosecutor does not have a case against you. If the judge agrees with you, he or she may dismiss the charge(s). Otherwise the trial continues. The judge will ask if you want to present any evidence.
Step 3: You present evidence
How do I present evidence?
You may call any witnesses you chose and introduce any relevant documents or other information which supports your case through the witnesses. Before the trial starts, show the Crown prosecutor your documents. The Crown may agree to introduce the documents or evidence without you having to call certain witnesses. You call one witness at a time. After you question a witness, the prosecutor can cross-examine the witness. The prosecutor may ask questions that criticize or challenge the information which your witnesses gave.
Note: You CANNOT ask your defence witnesses leading questions that suggest the answer you want. For example, you cannot ask "Is it true that at 9 p.m. you saw Jim in the garage holding the stolen radio?" You can ask questions like "Where were you at 9 p.m.?" But avoid asking questions that a witness can answer with just yes or no.
What if the prosecutor brings up something new during the cross-examination?
Sometimes a new point comes up during cross-examination that you did not deal with when you questioned your witness. In this case you can ask your witness more questions (re-direct). For example you may need to ask more questions if you think the information on the new point was incomplete or incorrect.
Step 4: Both sides sum up their arguments
After presenting evidence, each side makes a final statement called a submission. The Crown prosecutor explains why the judge should find you guilty and you can explain why you are not guilty, based on the evidence the judge saw and heard. Try to present your points in a logical order. You can use notes to help remember your points.
Step 5: The judge makes a decision
In most cases the judge will tell you the decision, called a verdict, after the close of submissions from both sides. The judge may take a brief recess to further think about the case and return to give the verdict. Sometimes the judge will postpone the decision until a later date. If the judge acquits you (finds you not guilty), you are free to go. If the judge finds you guilty of the offence, this means you have been convicted. Next the judge will decide your sentence. A sentence is the punishment given to a person convicted of an offence.
Published by:
Public Legal Education and
Information Service of New Brunswick
P.O, Box 6000
Fredericton, NB
E3B 5H1
Tel: 506-453-5369
Fax: 506-462-5193
Email: pleisnb@web.ca
http://www.legal-info-legale.nb.ca
Revised: March 2007
ISBN: 978-1-55396-937-2
 Back to Criminal
Disclaimer: Please note that our website contains general information about the law. This is not a complete statement of the law on particular topics. We try to update our publications often, but laws change frequently so it is important for you to check to make sure the information is up to date. The information in our publications is not a substitute for legal advice. To receive legal advice about your specific situation, you need to speak to a lawyer.
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