Representing yourself in criminal court
March 2007
Q - Do I need a lawyer if I am charged
with a criminal offence?
A - It is wise to get legal advice and to have a lawyer represent you
in court. Lawyers know the law and legal procedures. They are used to
presenting cases and speaking in court. They know what types of questions
to ask and how to prepare evidence. However, if you are unable or do not
wish to hire a lawyer, you can represent yourself in court. But you should
first get some legal advice.
Q
- Should I get legal advice before I go to court?
A - Yes. Being accused of a crime is a serious matter. It is worth talking
with a lawyer to get advice on your situation, even if you decide to plead
guilty or you cannot afford a lawyer to represent you in court. The outcome
of the trial can affect your future if you are convicted. For example,
you may get a criminal record and, depending on the offence, you might
be sent to prison. A criminal conviction can affect you ability to get
a job and to travel outside Canada.
Q - Do I have a right to a lawyer?
A - While you have a right to get advice from a lawyer, you do not have
a right to a state- funded lawyer if you cannot afford to pay for one.
Depending on your financial situation and the seriousness of the offence,
you may qualify for Legal Aid. Legal Aid offices are listed in the phone
book under Nova Scotia Legal Aid. If you cannot find the local office
you can call 1.877.420.6578. As well, Nova Scotia Legal
Aid has duty counsel in some provincial courts. They can give you preliminary
advice and assistance if you are in court without a lawyer. To contact
duty counsel for adults not in custody in Dartmouth call 420.2159, or in Halifax call 420.3468. For duty counsel for adults in
custody call 420.7800 in Halifax and Dartmouth, or 539.7026 in Sydney.
If you are arrested by the police, they must tell you that you have a
right to speak with a lawyer, provide you with phone numbers and give
you the opportunity to contact a lawyer. They must also tell you that
you have a right to remain silent and that anything you do say may be
used as evidence against you. You should talk with a lawyer before you
say anything to the police.
Q - Where can I get legal advice?
A - If you are not in police custody, you can get legal advice from a
criminal law lawyer in private practice or from Legal Aid duty counsel.
If you do not know how to contact a lawyer you can call the Legal Information
Society's Lawyer Referral Service at 1.800.665.9779 toll free in Nova Scotia or, in Halifax Regional Municipality, at
455.3135. Through the Lawyer Referral Service you can get the name of
a lawyer who will provide you with an initial consultation of up to 30
minutes for a fee of $20 plus tax.
Q - How will I know what
offence I am charged with?
A - There are offences
under federal laws such as the Criminal Code of Canada. These are called
criminal offences. There are offences under provincial laws such as the
Motor Vehicle Act. These are not criminal offences, but can still have
serious consequences.
No matter what type
of offence you are charged with, you will receive a written notice describing
the offence, the date of the offence and the law you have allegedly broken.
For example, if you are charged with shoplifting, the notice may say “theft
under $5,000 contrary to section 334(b) of the Criminal Code of Canada.”
The notice may be in the form of a:
- Summary Offence Ticket
- Summons
- Appearance Notice
- Promise to Appear
- Undertaking, or
- Recognizance.
The notice will also give the date and time that you have to go to court
to answer the charge. If you are not sure what you have been charged with,
you should talk with a lawyer.
Q - Are all offences treated
the same?
A - No. There are two procedures for dealing with a criminal offence
depending on how serious it is.
a) Indictable offences (pronounced in-dite-able) are
the most serious. Murder; aggravated sexual assault; robbery; break and
enter; and theft over $5,000 are examples.
b) Summary offences are less serious.
Unless otherwise noted, they carry a maximum penalty of a fine of $2,000
or six months in prison or both. Impersonating a police officer and causing
unnecessary suffering to an animal are two examples.
Sometimes, the Crown Attorney — the lawyer who presents the case
against you — can decide whether the offence will be treated as
summary or indictable. These are called hybrid offences. Examples
are; theft under $5,000 and impaired driving. The Crown Attorney decides
which procedure to use and tells the judge on the first date that you
are in court.
The police can assume that a hybrid offence will be treated as indictable.
This allows them to demand that the accused provide photographs and fingerprints
before a trial.
All offences under provincial laws such as the Motor Vehicle Act
and the Liquor Control Act are dealt with by summary procedure.
Q - When do I have to go to court?
A - The written notice that tells you what you have been charged with
will also give you the date you first have to go to court.
You must go to court on the date and at the time indicated. If you do
not turn up, the judge may issue a warrant for your arrest. A warrant
is an order of the court that allows the police to arrest you and hold
you in custody until they can bring you before a judge.
If you have a good reason for not being in court, you should call the
court office and let them know. You may also ask a friend or relative
to go to court and explain why you are not there. A good reason might
be if you are ill. You will need to provide the court with written notice
from your doctor that you are too ill to attend court. Failing to show
up because you are on holiday or do not want to take time off work are
not usually good reasons.
You may want to visit the court before your court date so you can watch
what happens. You will see where everyone sits, and what they do and how
the court operates. This may help you to be more relaxed and less nervous
when your court date comes up.
On the day you have to go to court, you should arrive 10 or 15 minutes
early. If there is more than one courtroom, you can ask at the information
desk which court you should be in. You can go into the courtroom and sit
in the seats for the public, which are towards the back of the courtroom.
Q - How many times do I have to go to
court?
A - In many cases, if you plead “guilty”, there is only one
court appearance. In most cases where you plead “not guilty”
there are at least two court appearances.
The number of court dates may increase:
- If you or the Crown Attorney ask for adjournments (delays). For example,
you might ask for an adjournment to give you time to get legal advice,
or because a witness is ill.
- If you plead “not guilty”, the judge will set a date for
trial.
- If you are found guilty at your trial, the judge may want time to
consider what sentence to give you and set a date for sentencing.
Q - Do I have a right to a
trial in my own language?
A - You have a right to a trial in English or French. If you do not have
a lawyer, the judge must tell you of this right. If you do not understand
English or French, the judge may allow you to have the assistance of a
translator. If you are hearing impaired, you may request the aid of a
sign language interpreter. Tell the judge that you need help or have a
friend explain for you.
Q - Do I have a right to a trial within
a certain time?
A - The Canadian Charter of Rights and Freedoms says that persons accused
of a crime have a right to be tried within a reasonable time. It does
not say what “within a reasonable time” means. Courts have
provided some guidance. There are four factors that a judge will consider
when deciding if the trial is within a reasonable time
- the length of the delay. For example, a complicated fraud or drugs
case may take longer to come to trial than an assault case.
- the reason for the delay. For example, the delay may be caused by
the illness of a important witness
- whether the accused has waived his or her right. For example, the
accused agreed to a delayed date for the trial.
- prejudice to the accused caused by the delay. For example, did the
delay affect the accused's ability to put forward a full defence.
If you think that there has been an unreasonable
delay, you should get legal advice on your situation.
Q - What should I wear to court?
A - There is no special way of dressing, but you do want to make a good
impression on the judge so be neat and tidy.
Q - How should I behave in court?
A - You should show respect for the court. Show the judge that you are
taking the matter seriously. Do not smoke, eat, chew gum, or drink in
court. Males are expected to remove their hat or cap. While you may want
to bring a friend or relative with you for support, it is not a good idea
to bring a crowd of people who joke around, are noisy or otherwise disrupt
the court.
You should stand up when you speak to the judge or when the judge speaks
to you. Speak clearly and loud enough for the judge to hear you. In Provincial
Court, when you speak to the judge, use the title “Your Honour.”
In Supreme Court you address the judge as “My Lord” or “My
Lady”.
Q - What happens at the first
court appearance?
This is often called the arraignment date.
The first appearance usually lasts no more than five to 10 minutes. There
will be a number of cases being dealt with by the court on the same day.
Listen carefully so that you can hear when the court clerk calls your
case.
Cases where the accused has a lawyer are usually called first. The remaining
matters are then called in alphabetical order.
When the court clerk reads out your name, you should walk to the front
of the court where the judge can see you. The court clerk will read the
information, which contains the charge against you.
The judge will ask you if you understand the charge. Tell the judge if
you do not understand so it can be explained to you. If you do understand,
say so.
Once you have told the judge that you understand the charge, you will
plead “guilty” or “not guilty” and pick how you
want to be tried. The judge will say, “Are you prepared to plead?”
Your choices are:
- You can plead 'not guilty'. The judge will then set a trial date.
- You can ask for an adjournment if you need time to speak with a lawyer.
- You can plead 'guilty' (this means that you admit you committed the offence
you are charged with).
If you are not sure how to plead, the judge
may adjourn the matter and give you time to speak with a lawyer or enter
a not-guilty plea and set a date for trial.
It is your decision how you plead. Even if you decide not to hire a lawyer
to represent you in court, you should get some legal advice on your situation
before you decide how to plead.
If you plead guilty the judge may sentence you immediately
or set a date for sentencing. You or the Crown Attorney may ask the judge
to order a background report on you. This is called a pre-sentence report
and is prepared by a probation officer. (See the FAQs on Sentencing.)
Q - What happens after
the first court date?
A - If your case is adjourned at the
first court date to allow you time to get legal advice, the judge will
set a date for another hearing. It will follow much the same procedure
as that for a first appearance. Be sure that you arrange to see a lawyer
as soon as possible. Do not leave it until the day before your next court
date.
If you plead guilty” at the first court date and
the judge set a date for sentencing, the next court date will deal only
with sentencing.
If you plead not guilty” at the first court date
or elect to be tried in Supreme Court, the next court hearing will likely
be the trial or a preliminary hearing, and that may be several months
after the first court appearance. Again, you should be sure to get some
legal advice before your trial or preliminary hearing.
Whatever the reason for the second court date, the judge will choose
a date that is acceptable to you and the Crown Attorney and that fits
in with the court schedule. Be sure you know if there are dates you are
not available so you can tell the judge. Write down the date and time
that you will need to be in court again. If you are unsure, you can phone
the court office and ask the court clerk to check it for you.
Q - Can I choose a trial by jury?
A - With some indictable offences, you may choose how to be tried. This
means you decide whether to be tried in Provincial Court by a judge alone,
in Supreme Court by a judge alone, or in Supreme Court by a judge and
jury. You will be given the choice before you enter a plea. You should
get legal advice before you make your choice.
The Canadian Charter of Rights and Freedoms provides you with a right
to trial by jury where the maximum punishment for the offence is imprisonment
for five years or a more severe punishment. Some examples are arson (setting
fire to property), murder, attempted murder, using an airgun or pistol
with intent to harm, forging a passport, abducting a person under 14 years
old.
This right does not apply to an offence under military law tried before
a military tribunal.
Q - Who will be in court?
A - The Judge
The judge presides (which means he or she is in charge of) over the court.
The judge decides, based on the evidence presented in court, whether the
case has been proved against you beyond a reasonable doubt. If you are
found guilty, the judge decides what sentence to give you. The judge sits
at the front of the courtroom and usually wears a black robe.
The Crown Attorney
The Crown Attorney is a lawyer who presents the case against you. Also
called “the prosecutor,” “the Crown,” or “Crown
Counsel,” the Crown Attorney's job is to prepare the case
against you and present the evidence in court. The Crown must prove beyond
a reasonable doubt that you committed the offence you are charged with.
The Crown Attorney usually sits at a table at the front of the courtroom
facing the judge.
The Defence Lawyer
If you do have a lawyer, he or she prepares and presents the case on
your behalf. The Defence lawyer usually sits at the same table as the
Crown Attorney.
The Court Clerk
The court clerk sits at a table in front of the judge facing the public.
The clerk calls the court to order, receives physical evidence such as
papers presented in court (these are called exhibits), calls and swears
in witnesses, writes down any orders and court dates made by the judge,
and ensures that what is said in court during a trial is recorded on tape.
The Accused or Defendant
The person who is charged with the offence is called the “accused”
or the “defendant.” You have a right to be in court at any
time when your case is being dealt with. If you are representing yourself
in court, when your case is called, you should walk to the front of the
courtroom and identify yourself. During a trial you should sit near the
front of the court so that you can hear everything that is going on.
Witnesses
Usually during the first court appearance, there are no witnesses. They
will be needed later during the trial to give evidence of what they know
about the case. Both you and the Crown Attorney may call witnesses and
cross-examine each other's witnesses if you choose to.
The jury
The Canadian Charter of Rights and Freedoms gives an accused the right
to choose trial by jury if he or she is charged with an offence that carries
a penalty on conviction of five or more years in prison or a more sever
sentence.
Therefore, if you are accused of certain serious offences you may have
a right to choose trial in the Supreme Court by judge and jury. The jury's
role is to listen to the evidence and decide whether the evidence proves
beyond a reasonable doubt that the accused is guilty of the crime he or
she is charged with. The jury does not decide on the sentence the accused
receives if he or she is found guilty. The judge decides the sentence.
There are no juries in Provincial Court.
Court workers
In larger centres there may be community groups who provide court workers
to help individuals through the court process. They cannot give you legal
advice. They can help explain what will happen in court, provide support,
and help you contact legal and community services. They will speak to
anyone who may need help.
Public and Media
Courts are generally open to the public and the media. Anyone can come
in and watch what is going on. There are seats towards the back of the
courtroom for the public.
Q - Will the media always be there?
A - Often there will be reporters from local newspapers. Other media
usually only cover court cases if they involve serious offences or a well-known
person is appearing in court.
Television, cameras and tape recorders are allowed at the courthouse,
but they are not allowed in the courtroom unless the judge allows
them.
Q - How can I prepare for trial?
A - Make sure you know what offence you have been charge with. If you
do not have a copy of the paper that says what you are charged with, you
can get a copy from the court clerk.
Do not leave it until a day or two before the trial date to prepare.
You should make notes of what happened as soon as possible after the event.
It may be several months before the trial, and you may forget important
facts if you don't write them down. Think about:
• Who you might call as witnesses
• Whether you will give evidence yourself
• What are the strong and weak points of your case
• How you can best present the evidence
• What you will say when speaking to sentence, if you are convicted
You should get some legal advice on your case from a lawyer. Do not leave
this until the last minute.
Remember to bring paper and a pen with you to court so that you can make
notes during the trial.
Q - Do I have to give evidence
at trial?
A - No. You do not have to give evidence yourself. You have a right to
remain silent. You should speak with a lawyer about what is best for your
situation and how best to present your case.
Here are some points for and against giving evidence.
For:
- It is the only opportunity you have to tell the judge (and jury if
there is one) your version of what happened.
- You may be the only defence witness who was present when the incident
occurred.
- You may have seen something that no one else saw.
- You may know facts that no one else knows about the offence.
- You can explain why you said or did something.
- You can explain why you could not have committed the offence.
- You can provide the judge with an opportunity to assess whether you
are a truthful, honest person.
Against:
- You must give evidence under oath (that is you promise to tell the
truth) and the Crown Attorney may cross-examine you.
- The Crown Attorney may point out weaknesses in your evidence.
- If you have a criminal record, the Crown Attorney can ask you about
it.
- The Crown Attorney can ask you about other matters related to the
case that you did not talk about in your testimony.
If you decide to give evidence yourself, you will usually do this after
you call any witnesses. The Crown Attorney may cross-examine you and ask
if you have a criminal record. If you do not give evidence, the Crown
Attorney cannot mention your criminal record unless you are found guilty
of the offence. Then it can be mentioned during the sentencing process.
Q - Do I have a right to have
copies of witness statements made to the police?
A - Yes. The Crown Attorney must provide you with full disclosure of
the case against you. This means that you must be given copies of all
evidence relevant to the case including the Crown sheet, police reports,
witness statements made to the police both written and verbal, and any
other documents such as a Breathalyser certificate.
You can find out from the court clerk the location of the Crown Attorney's
office that will deal with your case. You can contact the Crown Attorney's
office, tell them you who you are, and ask for disclosure and arrange
to pick up the disclosure information. In some cases, it may be mailed
to you. You will need to show identification. You should also say that
you are going to court without a lawyer.
Q - How do I prepare my defence
witnesses?
A - Talk to your witnesses, one at a time, about what happened and what
you will ask them in court. They must be able to say in court and in their
own words what happened, and what they saw, heard, or did. This is their
testimony and must not be rehearsed. You must not tell them what to say
or write out what you want them to say.
They will have to promise to tell the truth before they give evidence
in court.
The judge will not allow witnesses to give hearsay evidence. This means
a witness is not allowed to say what another person told the witness he
or she saw, heard or did. Witnesses should not say what they believed
happened. They must have seen or heard what happened or what was said,
themselves.
Make sure your witnesses know that they may be cross-examined (asked
questioned) by the Crown Attorney. Usually all witnesses are excluded
from the courtroom until they give evidence.
Q - What can I do if a witness
does not want to come to court?
A - Sometimes people do not want to go to court to give evidence as a
witness. If you have any doubt that a witness will show up at court, you
should go to court one or two months before the trial date and ask for
the witness to be subpoenaed (pronounced sub-peen-ed). A subpoena orders
a witness to come to court on the date and at the time of trial. Many
employers require that employees have a subpoena before they will let
them have time off work to go to court.
The Canadian Charter of Rights and Freedoms provides that evidence given
by a witness at the trial cannot be used against them in any other proceedings,
except where the witness is being prosecuted for perjury or for the giving
of contradictory evidence.
Q - If I don't have
a lawyer, will the judge help me present my case?
A - The judge may explain the trial procedure and the rules of evidence.
However, the judge must remain impartial and cannot take your side or
act for you. You must not try to contact the judge or ask him or her to
talk about your case outside the courtroom.
Q - What happens at the trial?
A - The Canadian Charter of Rights and Freedoms gives you the right to
be presumed innocent until proven guilty according to law in a fair and
public hearing by an independent and impartial tribunal.
This means you are innocent until proven guilty beyond a reasonable doubt.
The trial is an independent and impartial tribunal. The trial
is the time when the Crown Attorney must present evidence to prove that
you committed the offence you are charged with. If the Crown fails to
do this, the judge must find you not guilty.
The case is called by a court official
You should go to the front of the court. You should sit at the front
of the courtroom so that you can hear what is being said and see the witnesses.
The trial begins
The judge will ask you and the Crown Attorney if you are ready for the
trial. If you are not ready, the judge will decide whether to continue
or adjourn and set another date for the trial. There must be a good reason
to ask for an adjournment. When you have told the judge that you are ready,
you can sit down. The court clerk will show you where.
The judge is asked to make a witness exclusion order
You or the Crown Attorney may ask the judge to make an exclusion order. This means that the judge excludes anyone
who is to give evidence at the trial from the courtroom. You should tell
your witnesses ahead of time that they will be asked to leave the courtroom
when they are not actually testifying, and make sure that they leave.
However, although you may be a witness and give evidence at the trial,
you have a right to remain in court for the whole trial.
The Crown Attorney presents the case against you
To prove the case against you, the Crown Attorney must present evidence
that you:
•Are the person charged with the offence
• Committed the offence, and
• Intended to commit the offence.
The Crown Attorney will call witnesses
For example, if you were charged with shoplifting, the Crown would likely
have as witnesses, the store manager or security officer and the police
officer who investigated the matter.
Each witness goes into the witness box, swears or affirms to tell the
truth, and answers questions from the Crown Attorney. As the witness answers,
you should write down the main points and anything that you may want to
question later. Note any weak points, for example, where witnesses contradict
themselves or each other. When the Crown has finished with a witness,
you will have a chance to ask your questions. This is called cross-examination.
The Crown Attorney may also use written evidence such as a Breathalyzer
test certificate or drug analysis certificate. Before your trial you should
get legal advice on how to handle such evidence.
You present your case, called your defence
Until now, the judge/jury has only heard the Crown's side. It is
now your turn to present your side by calling witnesses. If you call witnesses,
you must not ask them leading questions. For example, you can ask “Were
you with anyone on the evening of August 19?” You cannot say, “You
were with me on the evening of August 19 weren't you?”
When you have finished asking a witness questions, the Crown Attorney
may cross-examine the witness. If you give evidence the Crown Attorney
may cross-examine you.
You should get legal advice on what written evidence might be allowed
in your case. You will need an original for the court and a copy for yourself
and for the Crown Attorney.
The Crown and the defence sum up their case
After all the evidence has been presented in court, both you and the
Crown Attorney have an opportunity to sum up your case (these are called
submissions). Use this time to sum up the points in your favour.
If you presented evidence in your defence, you will make your submission
first. However, if you are not represented by a lawyer, the judge might
ask the Crown to sum up first. If you did not present a defence, the Crown
Attorney usually sums up first.
The judge makes a decision (called the verdict)
Based on the evidence presented in court, the judge must decide whether
the evidence against you is sufficient to prove that you are guilty beyond
a reasonable doubt.
The judge takes into account all the evidence presented in court by you
and the Crown Attorney. Sometimes the judge will adjourn the court briefly
to allow time to reach a decision.
If there is a jury trial, the jury will reach a verdict together after
considering all the evidence presented in court.
If the judge (or jury) finds you not guilty you are free to go. You have
been acquitted
If the judge (or jury) finds you guilty, the next step is for the judge
to sentence you.
Q - Can I ask the Crown's witnesses
questions in court?
A - Yes. The disclosure will tell you the basic information that the
Crown Attorney will use in court. To prepare your cross-examination questions
think about the offence you are charged with:
• Who was there?
• What could each person see or hear?
Make a list of possible witnesses and write down what each person saw
or did. Do not forget to include police officers. Also try to determine
if there are possible witnesses who were not interviewed by police.
Think about what each person could say about the offence and make notes.
Now think about what questions you could ask to point out any weaknesses.
You do not have to cross-examine every witness. You should only cross-examine
a witness if you feel that it will help your case; if the witness made
conflicting answers; or if there are weak spots in the evidence. For example,
if the witness cannot clearly recall an event, or if you believe the witness
knows other facts important to your case, you may wish to cross-examine.
When you cross-examine you should ask questions that show the witness
is unsure of the facts or that the evidence is weak. For example, if at
the time of the offence it was dark and raining and the witness, who wears
glasses, was standing 200 yards away, you might want to ask questions
about the weather, the lighting and the witness's ability to see
clearly.
Do not lose your temper or say that the witness is lying. Do not argue
with the witness. Ask only questions that you feel will help your case.
Do not ask questions that allow witnesses to repeat something they are
sure of. Ask questions you already know the answers to. For example, if
the witness claims to have seen something clearly at 10 pm on August
19, all you want to point out is that it was dark at the time, and there
was no street light nearby.
When you are cross-examining you can use questions that suggest the answer
that you want. For example you can say, “It was raining hard at
10 pm on August 19, wasn't it?” These are called leading
questions.
Even if you do not cross-examine the witness, you can draw attention
to contradictions and weaknesses in the evidence when you sum up at the
end of the trial.
Q - What is a directed verdict?
A - When the Crown Attorney has presented the case against you, if you feel
that all the things that had to be proved were not, you can make a motion for
a directed verdict. This means that you are asking the judge to dismiss the
case without hearing the defence evidence. You do this by standing up and saying
to the judge: Reserving my right to call defence evidence, I wish to make a
motion for a directed verdict. You should then tell the judge what you think
has been missed from the Crown's case. For example, you might note that
none of the Crown's witnesses identified you in court as the person who
was at the scene of the crime.
If the judge agrees with you, you will be acquitted (found not guilty)
and the case dismissed. If the judge disagrees with you, your motion will
be refused and your defence will begin.
Q - How do I sum up my case?
A - You will have an opportunity to sum up the important points of your
case. It is a final opportunity for you to remind the judge (or jury)
of the weaknesses in the Crown Attorney's case and the strengths
of your case. Write down the main points that you want to cover so that
you do not forget anything
When making your submission you should remember to:
• Keep your summary short.
• Tell the judge why your witnesses are believable.
• Draw attention to weaknesses in the prosecution's case, and
show that the Crown has not proved the case against you.
You should not try to present any new evidence during your submission.
The Crown makes a submission to try to show the judge that the evidence
proves that you are guilty.
Q - What happens if I'm found guilty?
A - If you are found guilty of a crime, the judge will decide on the
penalty. This is called sentencing. Even if you had trial by jury, it
is the judge that decides on the sentence. Before deciding on the sentence
the judge will allow you and the Crown Attorney an opportunity to speak.
This is called speaking to sentence. It is an opportunity for
you to tell the judge about yourself and any circumstances surrounding
the offence. For example, if you committed the offence because you were
depressed about losing your job. Be honest. The judge will have heard
hundreds of stories and will not be impressed by a “snow job”.
(For more information on speaking to sentence see the FAQs on Sentencing.)
You or the Crown Attorney may ask the judge to order a pre-sentence report
and set a date, usually six to eight weeks ahead, for a sentencing hearing.
This allows time for the report to be written. The pre-sentence report
is prepared by a probation officer and provides information about you,
your family, your education, your work, your community involvement and
your criminal record if you have one. The information for the report will
come from you, people you suggest as references and the police.
When speaking to sentence, the victim or the Crown Attorney may read
a Victim Impact Statement. This explains how the victim has been
affected by your crime.
Q - Will I get a criminal record?
A - You will get a criminal record if you are found guilty and are convicted
of a criminal offence. If your sentence is an absolute or conditional
discharge, there will not be a conviction recorded but there will be a
record of the finding of guilt. You will not get a criminal record if
you are convicted of an offence under provincial laws. For information
on criminal records and pardons see the FAQs on Sentencing on
this website.
For more information on the law or to use the Lawyer Referral Service
call the LISNS Legal Information Line or Lawyer Referral Service call
455.3135 in the Halifax area or 1.800.665.9779
toll free in the rest of Nova Scotia. To use Dial-a-Law, that
provides pre-recorded legal information on tape, please call 902.420.1888. This is a 24-hour service. It is not toll free.
These FAQs were developed with the support of a financial contribution
from the Department of Justice Canada.
return to top of page
|
