Court Choices
Court Choices
Choosing a Court
The law says that people charged with serious crimes usually can choose the court they will go to. For example, if someone is accused of stealing over $1,000, the case will start in Provincial Court. The accused person may then choose:
- which court (Provincial or Supreme Court of BC) to go to
- to have a judge
- to have a judge and jury (BC Supreme Court)
People may choose a higher court because they want a judge and jury trial.
If a person decides to go to a higher court, the judge in Provincial Court must decide if there is any proof that the person broke the law. This is called a preliminary (first) inquiry. If there is evidence, then the case will move to a higher court. If not, then the judge may stop the case.
If someone did something very serious, such as murder, usually he or she is not allowed to choose. The case will go to BC Supreme Court after the preliminary hearing.
Choosing a Jury Trial
A jury is a group of people who tries an accused person. This means the jury decides if the person is guilty or not. If you are arrested and go to court, you can sometimes choose to have a judge or a judge and jury at your trial.
Some people prefer to have 12 people from the community try them. Other people think it is better to be tried by a judge.
If you are arrested for robbery, for stealing more than $5,000, or for trying to kill someone, you can choose to have a jury or a judge.
In less serious matters, like small thefts, a judge alone will decide. Usually a jury decides more serious matters, such as murder. Also if you go to court to sue someone, you may, in some cases, be able to have a jury.
Almost all Canadian citizens may be called for jury duty. If the court chooses you to be on a jury, in most cases you can’t say no. Jury duty is one of the responsibilities of Canadian citizens.