A Crime Victim's Guide to the Criminal Justice System

Glossary of Legal Terms

accused person:

a person charged with a criminal offence

acquittal:

a finding of not guilty

alternative measures:

a process that allows an accused person to take responsibility for his or her actions without having to go to criminal court

appeal:

to ask a higher court to change a lower court's decision

appearance notice:

a legal document that states that the person is charged with an offence and must appear in court on the date named in the notice

arrest:

where the police take a person into their custody for the purpose of charging them with a criminal offence

Attorney General:

the member of government who is responsible for prosecuting those who break the criminal law

bail hearing:

a hearing held by a judge to decide if a person should be released from jail before a trial

complainant:

the victim of an alleged offence

conditional release:

programs such as day parole, full parole and statutory release that provide an offender with a period of supervised transition from prison to the community

contempt of court:

to willfully disobey a court order or interfere with the administration of justice

conviction:

when a person is found guilty of an offence and receives a sentence other than a discharge

Crown Prosecutor:

a government lawyer who conducts criminal cases, sometimes called a Crown Attorney

defence:

a denial or answer to a charge against an accused person

defence lawyer:

a lawyer who represents an accused person

defendant:

an accused person in a criminal case

dual offences:

offences that may be prosecuted either summarily or by indictment, at the discretion of the prosecutor; also referred to as “elective” or “hybrid” offences

election:

an accused person's choice of trial — that is, by a provincial court judge, by a superior court judge alone or by a superior court judge and a jury

hearing:

a proceeding where witnesses are heard and evidence is presented

indictable offence

— a more serious offence. The maximum penalties for indictable offences are greater than those for a summary offence. The court procedures are also different.

information:

a written accusation against a person charged with a criminal offence

leave to appeal:

permission or authorization to appeal

parole:

a discretionary type of conditional release that allows an offender to serve some of their sentence out of prison under supervision

preliminary hearing:

a hearing by a judge to determine whether there is sufficient evidence to hold an accused person for trial

probation:

a sentence that allows an offender to be released into the community under the supervision of a probation officer

promise to appear:

a legal document signed by the accused person in which the person promises to appear in court on a named date

prosecute:

to lay a charge in a criminal matter and to prepare and conduct legal proceedings against a person accused of a crime

restitution:

an order requiring an offender to repay a victim as part of their sentence

sentence:

a formal judgment imposing a punishment upon conviction for a criminal offence

subpoena:

a court order requiring a witness to appear in court to give testimony

summary conviction offence

— an offence where the usual maximum penalty is $2,000 fine or six months in prison, or both.

summons:

a legal document ordering an accused person to appear in court

warrant:

a court order authorizing the police to arrest a person or to search a place

young offender:

a young person at least 12 years of age but under 18 that is charged and convicted of a criminal offence

youth court:

the court that deals with criminal charges against young offenders

• Previous Page |
• Table of Contents