If your case is headed to the Court of King’s Bench, one of the biggest decisions you’ll make with your lawyer is how you want to be tried: by a judge alone, or by a judge and jury. This isn’t a formality, but rather a strategic choice that can shape the outcome of your case. As such, it deserves careful thought.

Judge Alone vs. Judge and Jury: How the Election Works

For most indictable offences, the Criminal Code gives you the right to choose your mode of trial. You can elect trial by a Provincial Court judge, a King’s Bench judge alone, or a King’s Bench judge with a jury. Some very serious offences, such as murder, require a jury trial unless both the Crown and the defence agree to proceed by judge alone. (Source)

What a Judge Alone Trial Looks Like

A judge alone trial tends to move faster and involves one legal decision-maker who applies the law directly to the facts. Judges provide written or oral reasons for their verdict, which can matter if you’re considering an appeal. This route can also make sense in cases involving complex or technical evidence that a judge, with legal training, may be better equipped to evaluate without the influence of emotion or public opinion.

What a Jury Trial Looks Like

A jury trial puts your case before 12 members of the community, and a conviction requires a unanimous verdict. Some accused people see this as an advantage, particularly if the case involves sympathetic facts or if there’s a benefit to having ordinary citizens weigh in rather than a single judge. 

Jury trials also allow for a preliminary hearing in some circumstances, giving your lawyer an early look at the Crown’s evidence before the actual trial. On the other hand, jury trials generally take longer to schedule and to complete.

Factors That Influence the Decision

There’s no one-size-fits-all answer. 

Your Saskatchewn defence lawyer will consider things like:

  • The strength and nature of the Crown’s evidence
  • Whether the case involves a technical or complicated subject matter
  • Local community attitudes toward the type of charge you’re facing
  • How much media attention the case has received
  • The timeline you’re working with and how a delay might affect you

Getting the Right Advice

This decision should never be made without a clear understanding of the tradeoffs. What works well in one case can backfire in another, and once you’ve made your election, changing course later isn’t always possible. Your lawyer needs to know the specifics of your case, the evidence involved, and your priorities before recommending a path forward.

Talk to a Regina Criminal Lawyer Before You Decide

Choosing between judge alone and judge and jury is one of the most consequential decisions in a King’s Bench case. Get advice from a lawyer who can walk you through what makes sense for your specific circumstances.

Call Linh Pham at (306) 502-5987 for a confidential consultation.