Overview of criminal prosecutions from beginning to end 

The Criminal Code<p><span lang="EN-US">Criminal Code of Canada (CCC)</span><span lang="EN-US"> is the federal law that applies across Canada and sets out criminal offences, sentences and how a criminal case proceeds. A judge must follow the law in the </span><span lang="EN-US">Criminal Code</span><span lang="EN-US">.</span><span>&nbsp;</span></p> of Canada sets out the steps in criminal cases which are summarized in the diagram below. 

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The Court is not involved in all of these steps. For example, the Court is not involved in the process of laying charges. 

The steps in a criminal case that happen in Provincial Court are briefly summarized below. There is more detail about each step in the linked pages. You can also navigate through the steps using the navigation links in the sidebar (or at the top of the page on mobile). 

Charges and types of offences 

Bail<p><span lang="EN-US">An order made by a judicial justice or a judge releasing an accused person from jail until their trial and requiring them to obey certain conditions (rules) and return to court on a specific date. The legal term for bail is “judicial interim release”.</span><span>&nbsp;</span></p> hearing 

If the accused person was kept in custody after being charged, the bail hearing is where the Court decides whether they should be granted bail (released with or without conditions) or kept in custody until the trial. 

Bail<p><span lang="EN-US">An order made by a judicial justice or a judge releasing an accused person from jail until their trial and requiring them to obey certain conditions (rules) and return to court on a specific date. The legal term for bail is “judicial interim release”.</span><span>&nbsp;</span></p> hearing

Initial appearance<p>Sometimes called a first appearance. When an accused person attends court and a judicial case manager, justice of the peace, or judge tells them what offence or offences they are charged with.</p> 

At the initial appearance, the Court tells the accused person what they are charged with. 

Initial appearance<p>Sometimes called a first appearance. When an accused person attends court and a judicial case manager, justice of the peace, or judge tells them what offence or offences they are charged with.</p> 

Arraignment<p><span lang="EN-US">A hearing where the criminal charge against the defendant is formally read to them. The accused person states whether they will plead guilty or not guilty and in some cases, whether they request a preliminary hearing. What happens at an arraignment hearing depends on the type of criminal offence the defendant is charged with.&nbsp;</span><span>&nbsp;</span></p> hearing 

An arraignment hearing is a court hearing where the accused person or their lawyer tells the Court if they will plead guilty or not guilty. If the accused person is charged with an indictable offence, some procedural choices are also made at the arraignment hearing. 

Arraignment<p><span lang="EN-US">A hearing where the criminal charge against the defendant is formally read to them. The accused person states whether they will plead guilty or not guilty and in some cases, whether they request a preliminary hearing. What happens at an arraignment hearing depends on the type of criminal offence the defendant is charged with.&nbsp;</span><span>&nbsp;</span></p> hearing

Preliminary inquiry hearing 

In cases where the trial will be held in BC Supreme Court, there may be a preliminary inquiry in Provincial Court to decide if there is enough evidence for the trial to proceed. 

Preliminary inquiry hearing 

Criminal pre-trial conference

In some cases, there is a mandatory pre-trial conference for criminal files to ensure only those requiring a trial are set for trial and to ensure there are accurate trial time estimates. 

Pre-trial conference<p>A meeting where the parties discuss with a judge what is needed to be ready for trial.</p> 

Pleading guilty

A guilty plea means that you accept responsibility for the offence charged resulting in a conviction being entered and, if this occurs before trial, you will not have a trial. If you enter a guilty plea the next step is sentencing by a judge. 

Provincial Court trial 

This is the process where the Court decides if the accused person is innocent or guilty. 

Provincial Court trial

Sentencing 

If someone pleads guilty to a criminal charge or is found guilty after a trial, there will be a sentencing hearing where the judge will read and explain the sentence. 

Sentencing