A criminal trial has distinct phases, and at each phase, there are opportunities to assess the viability of the Crown’s case and the legality of the investigation leading up to the arrest.
Before the Criminal Trial: The first steps to a criminal prosecution involve arrest, release, first appearance, and disclosure.
During the Criminal Trial: The length of a trial depends on several factors: the severity of the charges, the complexity of the case, the amount of evidence and number of witnesses, and whether the case is being heard by a judge alone or before a jury. Some trials can last a few hours, others a day or two, and complex cases can last for weeks or even months.
After the Criminal Trial: The best result, of course, is that a judge or jury returns a verdict of “not guilty.” In that event, the defendant is acquitted and immediately set free. However, if a “guilty” verdict is rendered, then the judge has the option of sentencing that day or setting a time for a sentencing hearing at a later time. Especially in complex cases, this later sentencing hearing allows the Crown and the defence to develop justifications of sentencing or release without jail or prison time.