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Reporting a Crime to the Police & Criminal Charges

The police respond to and prevent crime. They are also responsible for protecting the community. Reporting crimes helps the police do this.

Involving the Police

There are many reasons why it may be a good idea to call the police to report a crime. You may need protection or help getting your things back. If the person is caught, it may prevent somebody else from becoming their next victim. If you want to make an insurance claim or a claim for victim's compensation, you will need to report the incident to the police.

There are also some situations where the law requires you to report an incident. For example, in Saskatchewan, anyone who has reason to believe that someone under the age of 18 is abused or neglected has a legal duty to report it. As well, certain types of vehicle collisions must be reported to the police, including when:

  • it is a hit and run
  • the vehicle needs to be towed
  • anyone is injured
  • a driver appears to be impaired
  • it is an out-of-province vehicle
  • it is an unregistered vehicle

The decision about involving the police will sometimes be out of your hands. For example, someone else may see the crime being committed and call the police. Deciding whether to call the police can be a major decision. Once the police are involved, they will make certain choices about what should happen next.

Sometimes, victims do not want to involve the police because they are afraid of some kind of retaliation from the person that harmed them. Sometimes, victims feel ashamed and want to keep the incident to themselves. If the person who committed the crime is a friend or family member, a victim may not want to get them into trouble. They may also feel pressured by relatives not to report the crime. It may help to remember that you can get someone else to make the call for you. Some police services may not take third party reports for incidents other than domestic disputes.

If you decide to call the police, the sooner you call the better. This gives the police a better chance of finding and preserving evidence and of catching the person who committed the crime.

When the Police Arrive

Depending on the circumstances, the police may come to the crime scene or you may go to the police station to report the crime. When the police respond to an emergency, they will take steps to protect anyone in danger. The police will look for evidence and preserve evidence.

Depending on the situation, this may mean that you do not have access to the crime scene, such as your car or house, for a period of time. If a death is involved, it can also mean that the victim's body cannot be removed until all the necessary evidence has been collected.

The police may take property into custody, dust for fingerprints or take you for medical attention. In most communities, the police can call Victim Services to assist you if you wish. They can also tell you how to contact the nearest Victim Services program at a later time.

Giving a Statement

When you report a crime to the police, you will normally be asked to give a full statement. A police officer will talk to you and ask you questions about what happened. It is important to tell the police everything you remember about the incident. The police may ask you to write out your statement or they might write the statement up for you to look over. Usually, you will be asked to sign the statement. In some cases, your statement may be recorded or videotaped. You can ask for a copy of your written statement.

It is important to carefully look over your statement. You may be upset or even in shock right after the crime, so make sure you take the time you need to get your statement right. If the criminal is caught and there is a trial, you may be a witness. As a witness, you could be cross-examined by the defence about your statement. It is a crime to give a false statement.

Investigation by Police

Victims have the right to information about the status of an investigation.

Once a crime is reported to the police, they will start an investigation. The police may need to talk to you again during the investigation. They may ask you to make another statement. You may be asked to identify a suspect or recovered property.

How and when you are given information about an investigation may vary. You should make note of the badge number and contact information for the officer in charge of the investigation as well as the police file number. This will allow you to talk to someone if you feel you are not getting the information you need.

The police will tell you what steps they will be taking. You can find out if the investigation is ongoing and if charges are likely. You can ask the police to let you know if they lay charges. Some Victim Services programs can help you access this information.

You can ask for the names of the accused after charges are laid. Once the matter goes to court, the names of adult accused are public record. The police will not give you information that could interfere with the investigation or affect someone's safety or security. They will also not disclose the names and contact information of other victims or witnesses.

Laying Charges

Victims have the right to know if charges are laid or not.

After the police complete their investigation, they may charge someone with the crime. The police can charge someone if there are reasonable grounds for believing the person committed the crime. Sometimes, the person may be charged with an offence that is less serious than what you think they did. The police and Crown prosecutors must decide what a person should be charged with based on the available evidence.

When someone is charged, they are formally accused of committing the offence named in the charge. A document called an Information is used to charge the person. It sets out the offence and describes the offender. The person charged will get a copy of the Information. When the police charge someone with a crime, they may arrest that person. If you have fears for your safety, make sure you tell the police as this may help them decide whether to arrest the person. If the person is not arrested, they will be given a date and time to appear in court to deal with the charge.

If Charges Are Not Laid

Sometimes, even after a thorough investigation, the police will not have a suspect or enough evidence to lay a charge. This does not mean that you were not a victim of a crime. If you are concerned about why someone has not been charged or the type of charge, you can talk to the police. They may be able to help you understand the situation. If you have reported the crime, you can access services for victims whether someone is charged or not.

Releasing the Accused

Victims have the right to have their safety taken into account when the court makes decisions about releasing an accused.

The police often release an arrested person soon after charging them. Only the court can order that the accused stay in jail for longer than 24 hours. A court may order the police to keep an accused person in jail until a later date, even until a trial. There must be good reason to keep a person in custody. For more information about the process, see Release by Police and Bail.

Depending on the situation, there may be a long time between when a person is charged and when the matter is finally resolved in court. If the person does not plead guilty, they will appear in court a number of times before a date is set for a hearing. Depending on the complexity of the case, the trial itself can take some time and there may be adjournments.

During this time, you may have concerns about your safety if the accused person is not kept in jail. If you do have these concerns, make them known to the police or Crown prosecutor. A victim's safety will be considered by the police and the courts when deciding whether to release someone. If they are released, your concerns will be considered in deciding what, if any, conditions should be put on their release. The person can be required to not contact the victim and to comply with other conditions such as not possessing any weapons.

It may help to remember that, under Canadian law, people are presumed to be innocent until they plead guilty or the charges are proven in court. If the person charged is released, it does not mean that there is not a good case against the person. In most cases, Canadian law presumes that a person should be free while waiting for a trial. There usually needs to be extraordinary reasons to keep them in custody.

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PLEA gratefully acknowledges our primary core funder the Law Foundation of Saskatchewan for their continuing and generous support of our organization.