Know the Law · Area of law

Criminal Justice

Understand the criminal justice framework, the roles of police, prosecutors and courts, constitutional protections for accused persons, public defence and the difference between criminal law and criminal procedure.

What this area covers

Common legal questions and situations

Arrest, detention and constitutional protections
Criminal charges, trial and the presumption of innocence
The right to counsel and the Public Defense Program
The roles of the Ministry of Justice and the courts
Penal law, procedure, sentencing and appeals
Start here

Plain-language guides

Use these guides to understand the legal framework before moving to the official law or seeking advice on a specific case.

Common questions

Questions people often ask

These answers explain general legal concepts. The facts of an individual matter may change the legal position.

What rights does an accused person have after arrest?

The Constitution provides protections including information about the accusation, the right to remain silent, the presumption of innocence and the right to counsel. The precise application of those rights depends on the circumstances and stage of proceedings.

What if an accused person cannot afford a lawyer?

The Constitution protects the right to counsel and provides for legal aid where an accused person cannot secure representation. The Judiciary operates a Public Defense Program for indigent criminal defendants.

Is the Penal Law the same thing as criminal procedure?

No. Penal law defines offences and penalties, while criminal procedure governs the process by which criminal matters are investigated, charged, tried and reviewed. Constitutional safeguards apply across the justice process.

Need help with a real legal problem?

Know when general information is not enough

If you are arrested, detained or facing a criminal charge, seek qualified legal assistance promptly. The Commission does not represent defendants or give case-specific criminal advice.