The Crown Prosecutor is the lawyer representing the government. If the police have reasonable and probable grounds, they will lay a charge. The role of the Crown Prosecutor is to review the police report and decide if there's a reasonable chance of conviction and if it's in the public interest to move forward.
It's important to remember that the Crown Prosecutor makes this decision and doesn't need your consent to do so. The Crown Prosecutor isn't acting as your lawyer -- they're acting in the public interest.
Will I have to go to court as a witness?
If the Crown Prosecutor decides the case will go ahead, you can be an important witness. If the "accused" (your partner) pleads not guilty, you may be asked to "testify" at the trial. The Crown Prosecutor may interview you before the trial and explain what will happen in court. A worker may also explain this process - called court preparation - to you.
If you need an interpreter, the Crown Prosecutor will arrange one for your interview and your court appearance.
What if I don't want to be a witness or attend court?
A subpoena is a court order, and if you receive one you must appear before the court. If you‘re called to testify, you must do so. If you decide you don't want to be a witness, inform the Crown Prosecutor as soon as possible. You must also tell the truth in court.
How will I know when I have to be in court?
You'll be given a paper called a "subpoena." It tells you that you have to go to court and when the trial's going to take place. The subpoena will probably be delivered to you in person by a police or peace officer.
What's a Victim Impact Statement?
An Edmonton Police Service's Victim Services advocate or a police officer will ask if you want to fill out a victim impact statement. In it you can explain what effect the abuse has had on you and your children. The Judge considers this statement when deciding what sentence your partner will receive if convicted.
The statement is filled out by the victim and returned to the Victim Services Coordinator who'll ensure it's filed with the court.
Do I have to be in court for every court date?
No. You don't usually have to be at the first appearance, although you can be there if you want. The Crown Prosecutor will tell you if you have to be present.
What happens at the first appearance?
Your partner, "the accused," will be ordered to appear in front of the Judge. At this first appearance, your partner will usually be asked if he/she intends to get a lawyer if he/she doesn't already have one, and whether he/she pleads guilty or not guilty. If your partner doesn't have a lawyer, a new court date will be set.
If your partner pleads guilty there won't be a trial and the court will set a date for sentencing. At the sentencing date, the Judge will say what will happen to your partner. The court could order a pre-sentence report or sentence that day.
If your partner pleads not guilty, a trial will be held at a later date.
If your partner has been in jail ("remanded") until the first appearance, the Judge may release him/her on bail until the trial starts. Usually, if you partner's released on bail it may include a condition not to contact you and to stay away from the family home. Another condition may be that your partner can't have a gun or other weapons. If your partner doesn't follow the bail conditions or any of the orders, you must contact your local police station and tell them.
