Criminal Charges

If the police decide to charge a suspect, that person may be arrested or summoned to appear in court at a later date. Ask the police to be kept informed about your case and tell them if you are concerned for your safety. The police of Victim Services can tell you whether someone has been charged in connection with your case, whether they have been arrested or released, and can provide information about any scheduled court appearances.

Even if the person is arrested, they may be released. You can take steps to protect yourself, such as staying with a friend or at a shelter.

The police cannot keep a person in jail for more than 24 hours without charging them. The police and the Crown Prosecutor can ask that the court require the person to stay away from you as a condition of their release.

If the police arrest and charge the person, you may be required to testify in court as a witness. Prosecutors handle criminal cases. They decide whether there is enough evidence to justify taking the case to court and whether it is in the public interest.

If the matter goes to court and the accused pleads guilty or is found guilty after trial, they will be sentenced and may be sent to jail. The court may also order that the offender not have any contact with you or that they not be at or near your home or workplace. They may also prohibit the person from possessing any weapons or require the offender to attend counselling.

You may wish to prepare a Victim Impact Statement to let the judge know how the crime has affected your life. A judge can consider this information when sentencing the person.

Witnesses and victims may have fears and concerns about testifying in court. They may be worried about giving personal information. They may be unsure about understanding and questions well. They may be worried about not remembering important dates, times or other details.

These concerns are normal. The Prosecutor and Victim Services can provide witnesses and victims with information about what to expect in court and options that may make testifying easier.

It is important for witnesses and victims to get the assistance they need to enable them to appear and testify in court as required. If a person, including a witness or victim, ignores a subpoena to appear in court, they can be arrested and brought before a judge.

If a witness or victim refuses to testify in court they could be held in contempt of court and fact a fine or jail or both. Witnesses and victims should ask the Prosecutor or victim services personnel to help them prepare to testify in court.

You can read more about testifying and supports for witnesses at VICTIMS & CRIMINAL TRIALS.