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Toronto parking tickets |
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Plea of not guilty
Reading the charge and plea
A full trial (presenting and weighing of evidence) is held once a plea of not guilty is given. The prosecutor will call you (the defendant and or agent) to the front of the courtroom and ask you to remain standing while the court clerk reads out the particulars of the infraction and asks formally how you are pleading to the charge. The clerk will record the response on the court papers and pass the documents to the justice of the peace. You may now be seated.
Witness sworn
The prosecutor will call the first witness (the officer) to take the witness stand. The clerk will administer the oath to the officer. The officer will then relate details of the infraction. The prosecutor may ask questions of the officer to ensure all information required as evidence instated.
Defence questions
When the prosecutor has no other questions of the witness, the questioning of the witness is given over to the defence. This procedure must be done in a question/answer format. 'How did..?, Where was...?, Did you...?'. The purpose of questioning the witness is to bring out evidence (under oath) that you may think is important to your case, or to clarify information etc. You may, of course, choose not to question the officer.
Defence witness(es)
After questioning the officer, the justice of the peace will ask if you wish to give evidence. If you do, you will be asked to go up into the witness stand and the clerk will administer a sworn oath or affirmation. Unless you are sworn or affirmed, your statement cannot be accepted as evidence.
Once in the witness box, you may present your facts with regard to the infraction. The prosecutor may also ask you questions. When you stand down from the witness stand, you may have other witnesses that you wish to call to give evidence.
Summation
After all witnesses have been called and questioned, you have the opportunity to make a statement with respect to all the evidence presented, by summing up all the facts (or lack of facts). The prosecutor will also have the opportunity to make a submission after you are finished.
Judgment
The justice of the peace has listened to the evidence presented by both the prosecution and the defence and will make a decision based on the merits of the case. If the evidence does not prove beyond a doubt that the infraction as charged was committed, the charge will be dismissed.
However, if the evidence does prove that the offence was committed, the justice will enter a finding of guilty and register a conviction.
Sentence
The justice of the peace will ask you, then the prosecutor, if you have anything more to say with regard to sentencing (penalty imposed). The justice at this point is trying to determine a fair penalty for the infraction, based on any statement you have made, your financial ability, a request for time to pay, including any unusual circumstances which may have occurred at the time the infraction was committed.
The justice may impose the set fine (or lesser penalty) with or without costs, or may suspend sentence or order no fine.
If a fine is imposed, the court clerk will ask for the complete and current mailing address of the defendant to whom a Notice of Fine and Due Date will be mailed. Payment cannot be made at the court office. (See information on payment.)
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