What Is a First Appearance for a Criminal Offence in Ontario?

After being charged with a criminal offence, you will be given a date to appear in court. This initial court date is called your first appearance. It is the beginning of the court process, not a trial, and it is very unusual for criminal charges to be resolved at this stage.

Understanding what happens at a first appearance and how to prepare can help reduce anxiety and ensure you handle this important step properly.

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How Do You Get Your First Appearance Date?

After being charged, you may be released from custody or held for a bail hearing. Upon release, you will receive a document stating the conditions of your release along with your first court date, time, and location.

The document you receive will be one of the following:

Promise to Appear: Your written promise to appear in court on a future date. It has no conditions attached.

Undertaking with Conditions: Your written promise to appear in court on a future date, with specific conditions you must follow. This agreement is typically negotiated at the police station.

Recognisance without Sureties: A document you sign that stipulates the conditions of your release and states that you will pay the court an amount of money if you do not appear for your court dates or if you break any conditions of your release.

Recognisance with Sureties: A document signed by both you and a surety (someone who agrees to supervise you), typically after a bail hearing. It stipulates release conditions and states that the surety will pay the court a fixed amount of money if you fail to appear or break any conditions.

Every accused person released from custody will be subject to a condition requiring them to attend court when required.

What Should You Bring to Your First Appearance?

You should bring the documents you received from the police upon release, or the papers you received from the court if you were released on bail.

If you have hired a criminal defence lawyer, they may attend court in your place once you have signed a designation allowing them to appear on your behalf.

If you have not retained a lawyer, you may wish to speak to duty counsel at the courthouse to receive legal advice.

What Happens at the First Appearance?

At the first appearance, several things typically occur:

Disclosure is provided: The Crown will often have a disclosure package ready. This contains the evidence and information the Crown has against you. It will be given to your criminal defence lawyer or directly to you if you are unrepresented.

In some courthouses, a First Appearance Package may be available outside the courtroom. This package typically includes a Charge Sheet containing the charges and your personal information, a Synopsis summarising the facts that led to the charges, and a Crown Screening Form indicating the Crown’s initial sentencing position and whether they will proceed summarily or by indictment.

The Matter is adjourned: Your lawyer will typically ask the court for a three to four-week adjournment to review the disclosure and have a Crown pre-trial, which is a resolution discussion between the Crown and defence lawyer.

No Arguments are Made: Nothing is argued at the first appearance. This date is not for trial. Presenting evidence, making arguments about your case, and calling witnesses happen at later court proceedings after pre-trial resolution attempts have been unsuccessful.

The court will give you a new date and time for your next appearance.

Who Is the Crown?

In court, “the Crown” refers to the assistant Crown attorney or a federal prosecutor.

An assistant Crown attorney is a government lawyer who prosecutes criminal cases on behalf of the provincial Ministry of the Attorney General.

A federal prosecutor is a government lawyer who does the same for the federal Department of Justice, typically handling drug offences and other matters under federal jurisdiction.

What Should You Do When Your Name Is Called?

When your name is called, go to the front of the courtroom and stand facing the judge, typically between the Crown and your criminal defence lawyer or duty counsel.

Address the judge as “Your Honour.” If a justice of the peace is presiding, address them as “Your Worship.” Judges wear a red sash while justices of the peace wear a green sash.

What Court Etiquette Should You Follow?

Proper conduct in the courtroom is important:

• Turn off all electronic devices before entering the court
• Do not wear sunglasses or a hat unless for religious or medical reasons
• No gum chewing, eating, or drinking is permitted
• Dress appropriately and respectfully

Should You Plead Guilty at Your First Appearance?

It is generally not advisable to plead guilty at your first appearance. Although ending a criminal matter quickly may seem appealing, there are significant risks.

You May Not Have Reviewed Disclosure: Without seeing the evidence the Crown has against you, you cannot properly assess whether there is a defence to the charges. Pleading guilty without reviewing disclosure means you might be giving up a viable defence.

Collateral Consequences: A guilty plea results in a conviction and a criminal record, which can have serious consequences for employment, immigration status, professional licensing, and travel. These consequences may not be immediately obvious.

Sentencing Implications: Even for offences that seem minor, such as impaired driving, where the penalty may be a fine, a conviction creates a permanent criminal record. You may also have to pay a victim fine surcharge in addition to any fine.

Before making any decision about pleading guilty, you should obtain legal advice, review the disclosure, and understand all potential consequences.

Why Should You Hire a Criminal Defence Lawyer?

Having a criminal defence lawyer at your first appearance and throughout your case provides several advantages. A lawyer can review the disclosure, identify potential defences, negotiate with the Crown on your behalf, and advise you on the best course of action for your specific situation.

Pyzer Criminal Lawyers has over two decades of experience defending clients facing criminal charges throughout Toronto and the GTA. We understand what’s at stake for your reputation, freedom, and future. Contact us at (416) 658-1818 for a free, confidential consultation to discuss your case.