A criminal trial at the London courthouse generally takes between 6 and 18 months to resolve. Minor summary convictions might conclude faster, while serious indictable offences that require a jury trial at the Superior Court of Justice can take up to 30 months under Canadian law.
When you are accused of a crime, waiting for your day in court can feel like an eternity. The uncertainty of criminal charges affects your job, your family, and your mental health. If your case is being handled by the London Police Service and the local justice system, understanding the timeline can help you prepare for the road ahead.
Navigating the criminal justice system at the Middlesex County Courthouse requires patience. Every stage, from receiving evidence to negotiating with the Crown Attorney, takes time. This guide outlines the typical timeline for a criminal trial in London, Ontario, and explains the steps involved.
Step-by-Step Process in London
A criminal case does not jump straight to trial. There are several mandatory procedural steps that must occur first to ensure a fair process under Canadian law. 📋
Step 1: First Appearance and Bail
Your first interaction with the court is usually a bail hearing (if you are held in custody) or a first appearance. The first appearance is simply administrative. You or your criminal defence lawyer will attend court at 80 Dundas Street to formally acknowledge the charges and request initial disclosure (evidence).
Step 2: Reviewing Disclosure
Before any decisions can be made, the Crown Attorney must provide your law firm with all the evidence against you. This is called disclosure. Gathering police notes, video surveillance, and witness statements from the London Police Service can take several weeks or even months.
Step 3: Crown and Judicial Pre-Trials
Once your lawyer has reviewed the evidence, they will hold a Crown Pre-Trial (CPT) to discuss the case with the prosecutor. If the case cannot be resolved through dropped charges or a plea deal, a Judicial Pre-Trial (JPT) is held with a judge to estimate how much time is needed for the actual trial.
Step 4: The Trial and Sentencing
If no resolution is reached, a trial date is set. The trial itself might only take a few days, but you may have to wait 6 to 12 months for an available court date. If you are found guilty, the judge will schedule a separate date for sentencing.
Factors That Affect the Timeline
The speed of your case depends on several variables. Here is a comparison of what influences the wait times at the London courthouse:
| Factor | Faster Resolution (3-8 Months) | Slower Resolution (12-30 Months) |
|---|---|---|
| Type of Offence | Summary convictions (e.g., minor theft, simple assault) | Indictable offences (e.g., severe fraud, aggravated assault) |
| Court Level | Ontario Court of Justice (Judge alone) | Superior Court of Justice (Judge and Jury) |
| Evidence Volume | Simple police notes, single witness | Complex forensics, expert witnesses, hours of video |
| Resolution Type | Plea agreement or diversion program | Full trial fighting the charges |
How Much Does it Cost in London?
Delays in the trial process can impact your legal fees. Because criminal defence lawyers often charge for court appearances, a longer timeline generally means higher costs:
- First Appearances: Many lawyers charge a flat block fee of $500 to $1,500 CAD to handle all administrative appearances leading up to setting a trial date.
- Pre-Trial Meetings: Preparing for and attending Crown and Judicial pre-trials typically costs $1,000 to $2,500 CAD.
- The Trial: A standard trial in London usually costs between $3,000 and $10,000+ CAD, depending on how many days the trial takes to complete.
How Long Does the Process Take? (The Jordan Decision)
The Supreme Court of Canada has established strict rules, known as the Jordan framework, to prevent unreasonable delays. By law, trials in the Ontario Court of Justice must be completed within 18 months of the charges being laid. Trials in the Superior Court of Justice (indictable offences) must be completed within 30 months. If the Crown delays your case beyond these limits, your lawyer can file a motion to have the charges permanently stayed (dismissed). 📅
Frequently Asked Questions (FAQ)
Do I have to go to every court date?
If you have hired a lawyer, they can usually attend routine remand appearances on your behalf by filing a designation of counsel, meaning you do not have to take time off work.
What is a preliminary inquiry?
For certain serious indictable offences, a preliminary inquiry is a mini-hearing held before the actual trial to determine if the Crown has enough evidence to proceed. This adds several months to the timeline.
Why is the Crown taking so long to provide disclosure?
Delays often happen because the London Police Service is still processing evidence, such as waiting for lab results on drugs or analyzing electronic devices, before handing it to the Crown.
Can the trial be delayed if I change lawyers?
Yes. If you fire your lawyer and hire a new one, the court will usually grant a delay so your new counsel can review the disclosure, but this delay will be attributed to you, not the Crown.
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