Legal Terminology
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A
The accused is the person who is charged with a crime. During a criminal trial, the accused is referred to as the defendant.
When the person charged with a crime (the accused) is found NOT GUILTY of the crime they were charged with.
When a hearing has been moved to a later date.
An affidavit can be written. It is a statement of facts that is sworn to be true. Written affidavits are signed by a commissioner for taking affidavits. All lawyers/solicitors can sign affidavits.
A statement made by a person to promise to tell the truth.
Something that someone says has happened (unproven).
If you believe an error/mistake was made during the conduct of your trial, including with the outcome, you have the right to have the decision reviewed by the court one level above the trial. You can appeal a conviction, a prison sentence or a probation order. In certain cases, you can appeal your appeal if you think there was an error but it is not by right. You will need permission of an even higher court for that.
The time limit within which one can appeal a decision. Generally, a Notice of Appeal should be filed within 30 days of the conviction or sentence. If you have passed the appeal period, you may still apply to have your appeal heard. The appeal court will consider whether you passed the legal test to extend the filing period. A lawyer can give you advice on how to pass that test.
An appearance notice gives you the details you need for your first court appearance (the arraignment). It will tell you what you have been charged with and the date, time and location of court.
For more serious charges, you may be held in custody until you have a bail hearing.
An arraignment is the first court appearance an accused person makes. Its purpose is to confirm the identity of the person who is charged with the crime, to read the charges that have been laid, and to ask how the accused person pleads. If you already know what you have been charged with, you or your lawyer can waive reading of the charges at the arraignment hearing.
The police can arrest you and take you into custody under certain conditions such as:
- They have reasonable grounds to think you have committed a crime
- There is a warrant out for your arrest
- They witness you committing a crime (they saw you doing something illegal)
B
The temporary release of the accused (person charged with a crime) from custody while they wait for their trial.
In most cases, it will take at least a year to schedule a trial.
In some instances, the court will require you or your surety to promise an amount of money to the court as an incentive to ensure that an accused person who has been released out of custody will return for their next court date and not commit further crimes while on release.
In most instances, you (or your parent or guardian) just have to promise the money to the court, you or your surety do not have to deposit the money with the court (no-cash bail).
A common term for lawyer or solicitor. Most lawyers are barristers and solicitors. A barrister is a lawyer who appears in court, all lawyers in criminal court are acting as barristers.
Refers to the judge (or judges if there are more than one) involved in a court case. Also refers to the seat where the judge(s) sit in court.
When an accused person does not show up for a court appearance, the judge may order a bench warrant, meaning the police are authorized to arrest you and you may be held in custody until a bail hearing. Find out about different types of bench warrants HERE.
A written promise the accused makes to the court. There are different types of bonds:
PEACE BOND
A written and signed court order where the accused promises to ‘keep the peace’ and act in good behaviour.
A judge or a justice of the peace will issue a Peace Bond to protect someone who has a ‘reasonable fear’ that you will hurt them, their family, property or that you will distribute or share intimate images/video of them without their consent.
In criminal court, the crown attorney may offer the accused a peace bond instead of following through with the criminal charges. It is the choice of the accused person whether or not to accept this offer.
Good behaviour means you are making a promise to not break the law. Other conditions of a Peace Bond may include that you are not able to contact the person or visit certain areas.
There are 2 kinds of Peace Bonds:
- Section 810 Peace Bond – cannot last longer than 1 year
- A Common Law Peace Bond – can last more than 1 year
SURETY BOND
A surety is a written promise a person makes on the accused’s behalf to guarantee that the accused will act in good behaviour and not break any conditions set by the court.
It involves an amount of money (it can be a significant amount, based on the individual’s personal finances) that the surety could be required to pay, after a hearing, if the person breaks these conditions and the surety did not fulfill their duty to alert police.
When a law or obligation (such as a bail condition) has been broken; this can include activity that is not normally criminal such as not complying with a curfew or contacting someone you are not supposed to contact.
The obligation to provide evidence which includes the sworn testimony of witnesses to satisfy the court. The burden of proof can shift between parties depending on what the court is looking for proof of. In criminal cases, the standard the prosecutor has to convince the judge or jury of the accused’s guilt is Beyond A Reasonable Doubt.
C
Criminal charges or other matters which are brought to court for a decision to be made.
A list of cases that will be heard in court on any particular day. It can also be called a ‘docket.’
The first step in the criminal prosecution process, when the police form grounds to believe that a person committed an offense.
The clerk is responsible for administrative duties in the court, such as signing court orders or issuing certain documents.
The ability of a person to make decisions about their health and/or property. In criminal court, this means if the person is able to give evidence (understands the difference between truth and fiction, reality and make believe), give instructions to their lawyer, and understand what is happening in court (can participate in the trial).
A person who brings a case against another person in a court of law (the alleged victim).
Meetings which take place between those involved in a legal case (such as the Crown Attorney and the Defence Lawyer, usually does not involve the accused unless they are self-represented).
When an accused admits they did what they are accused of (always get advice from a Criminal Defence lawyer/solicitor before confessing!).
When a competent person voluntarily agrees or gives permission. Can be spoken or written. With proper instructions, a lawyer can consent on your behalf.
Questioning of a witness by the lawyer. Judge makes a judgement about whether a witness is telling the truth by how well their story stands up to cross-examination.
When a person is held in jail or prison pending a trial or after being found guilty of an offence and sentenced to jail.
D
A person who is convicted of a serious crime (usually but not always a series of crimes or repeat offences) which has caused personal injury or death and is considered at high risk to commit a crime again. Dangerous offenders are held in federal prison for an indefinite period of time. This is incredibly serious, as it is possible someone labelled a dangerous offender may never get out of prison.
If you are at risk of a dangerous offender assessment (section 752.1(1) of the Criminal Code), you must speak with a lawyer.
The accused or the defendant’s arguments why they should not be considered guilty (your answer to the allegations made against you).
In criminal court, the lawyer who represents the accused/defendant. They are the only person in a court legally obligated to be on your side. Everyone else, even if they are helpful, is not required to work in only your interest. You should choose a lawyer you trust and who understands your medical issues.
The person who is accused in criminal court.
The person who makes a statement while they are under oath (promise to tell the truth).
A statement a person makes while they are under oath (promise to tell the truth).
A type of sentence given by a judge when a defendant has been found guilty. A discharge means the defendant does not have to go to jail and will not have a criminal conviction for this offense.
There are two types of discharge:
ABSOLUTE DISCHARGE
- No probation
- Record of discharge is kept on file for one year
CONDITIONAL DISCHARGE
- Probation for up to three years
- Record of discharge kept on file for three years
Information the police and the Crown have about the defendant’s case. They must give you and/or your defence lawyer everything they have before the trial can start.
A judge’s decision to terminate a criminal charge.
A judge’s decision.
A voluntary alternative to avoid being convicted of a minor criminal charge. It is also called “direct accountability.” There is no finding of guilt with a diversion, but the defendant may be required to accept responsibility and do some work, such as community service, counselling, or a charitable donation. The fact that you accepted responsibility can potentially be used against you in future matters. It is important that you speak with a lawyer/solicitor for advice before accepting diversion.
The cases that will be heard in court on any particular day. Also known as the Case Event List.
E
A legal decision.
When the accused, under certain conditions, is able to make legal choices, such as whether to have a case heard in the Ontario Court of Justice or the Superior Court of Justice. This usually happens when the accused is charged with a crime that may result in a longer jail sentence (the decision is made by the accused and cannot be made by the defence lawyer without explicit instructions by the accused).
For many crimes the prosecutor can choose whether they are going to go the more serious route (indictable) or less serious route (summary) when they go through the court process. When the Crown has the option to decide, their decision comes with certain consequences like changes to the maximum and minimum sentences available, what level of court the matter will be heard in, which court the accused will have a right to appeal to, and whether the accused will be able to choose to have their matter decided by a jury.
What is used to prove or disprove the alleged facts in a court case. Evidence takes many different forms. Someone saying what they saw under oath is evidence. Physical items are also evidence. There are different types of evidence which allowed in Ontario courts including:
ADMISSIBLE EVIDENCE
Evidence that is considered relevant and allowed in court.
CHARACTER EVIDENCE
Evidence that speaks to the type of person the accused is, such as their typical personality traits and behaviours.
CORROBORATING EVIDENCE
Evidence that confirms other evidence.
CIRCUMSTANTIAL EVIDENCE
Evidence that hints at a fact but requires an assumption, educated guess, or fill in the blanks to interpret
DIRECT EVIDENCE
Evidence, if believed, proves a fact on its own, a judge or jury does not need to make an assumption, guess, or fill in the blanks to interpret
EXPERT EVIDENCE
A qualified professional providing an educated guess based on their training to assist the court to interpret evidence that is not common knowledge. Experts cannot give direct evidence as they were not present when the alleged incident happened (‘expertise’ of ‘experts’ can be challenged).
FORENSIC EVIDENCE
Type of expert evidence, scientific interpretation of direct or circumstantial evidence found at the scene of the crime (science is not settled on many areas of forensic science, can be challenged in court)
F
Amount of money to pay as a penalty.
A Fitness Assessment can be ordered by a judge if the accused person is thought to be unfit to stand trial. This assessment is done by a psychiatrist or psychologist.
Being assessed as unfit means the accused:
- Does not understand they are in a courtroom and what is happening in the courtroom OR
- Does not understand what they are charged with OR
- Does not understand the consequences of their plea (such as pleading guilty) OR
- The accused is not able to communicate with their lawyer, even in a basic way
A term used by lawyers/solicitors and Crown Attorneys/prosecutors to show respect. This does not mean that they are friends.
If self-represented, the Court may appoint you ‘Amicus’ or friend of the court.
G
A person can be found guilty by decision of the court when they are convicted of the crime they are charged with. An accused person may plead guilty when they agree they committed the crime they are charged with.
The best practice is to consult with a lawyer before pleading guilty. It is very difficult, sometimes impossible, to take back a guilty plea.
H
HEARING
A court proceeding.
If the accused is charged with breaching their bail, the Crown can apply under section 524 of the Criminal Code to have the accused’s bail cancelled and sent back to jail (not automatic). There is a new diversion procedure for breaches, which can allow for a non-criminal process to deal with breaches. Not all courts are using it yet (ask your lawyer to advocate for its use, section 523(3)).
If the accused breached their bail, the Crown may go after the bail money pledged by the surety in an estreatment hearing.
A procedure in criminal court to see if an accused is mentally fit to go through a trial.
I
The federal law which gives police the right to fingerprint and collect other personal information of people accused of crimes.
A meeting with the police or Crown (always consult a lawyer before agreeing to an interview or saying anything).
J
The person in court who decides on legal matters.
The decision made by a judge regarding the outcome of a court proceeding.
Members of the public who will decide on a verdict after hearing evidence in a trial.
A person who is on the jury.
A judge or Magistrate.
An officer of the court, similar to a judge but less powerful, who has the authority to act in some criminal matters such as issuing warrants and hearing bail applications.
K
A condition of bail, probation, or a peace bond, where the accused agrees to not commit any violent acts or other illegal activities. This may seem redundant, but it allows them to charge you with both the crime and the breach as a result of the crime.
L
A person licensed through the Law Society to practice law.
Permission of the court.
Government funded legal services that people may be eligible for, based on their income. It is important to disclose your brain injury to Legal Aid to get a fair assessment of your eligibility.
M
A person who is not considered capable of understanding the consequences of their actions or decisions. If found mentally incapable, you may be required to live in a secure mental hospital for an indefinite time, possibly forever.
O
When a person swears to a God or other deity to tell the truth.
A reason that a lawyer interrupts a witness to talk to the judge. A claim that the other side is not following the rules. The judge will make a determination whether that is true or not. If the judge finds that they are not following a rule, they have to stop that particular thing.
Breaking the law. There are different types of offences, such as:
HYBRID OFFENCE
Some offences may be treated as more serious (indictable) or less serious (summary conviction). This decision is made by the Crown, and is based on how serious the offence is.
INDICTABLE OFFENCE
More serious criminal offences, which involve complex court proceedings.
QUASI-CRIMINAL OFFENCE
A non-criminal offence which has similar punishment to a criminal offence, but involves less complicated court proceedings. These matters are not found in the Criminal Code. They are called Provincial Offences, they are found in various provincial laws like Highway Traffic Act.
SUMMARY CONVICTION OFFENCE
These criminal offences carry lower maximum penalties and are subject to less complex court procedures. These matters are heard in the Ontario Court of Justice.
A command the court can tell the defendant to do (such as pay a fine) or not do (such as be in contact with someone.) If they don’t do it they can be arrested again.
ASSESSMENT ORDER
A judge can order a person’s mental capacity to be assessed to find out whether they are able to go through the court process. This includes a test to determine whether they understand what is happening and if they understand the consequences of their actions.
Court may also order a psychological assessment after a conviction to determine if the accused qualifies as a long-term offender or dangerous offender (rare if first conviction).
PROHIBITION ORDER
An order which prevents a person from doing certain things, such as owning weapons or driving.
TREATMENT ORDER
A court order to undergo mental health treatment.
P
The answer the accused gives (guilty or not guilty) to the charge that is read out loud (reading can be waived) prior to the start of the trial. The plea can also be entered before the trial is scheduled.
A hearing where the judge decides whether there is enough evidence to have a trial (not available for most criminal charges).
An order (sentence) given by a judge/magistrate where a person is required to follow certain conditions to be in the community (considered rehabilitation not punishment by the court).
R
Before the police can charge someone with a criminal offence, they must have reasonable grounds to believe the person has committed the offence, based on reliable information.
The conditions under which a person is released after a bail hearing. These conditions may include requiring the defendant (the person who was charged) to be home at certain hours or not to contact other people involved in the case. The defendant or their surety (see Surety Bond) may have to pledge a certain amount of money to offer as security before they are released.
When a convicted person is ordered by the court to pay money to compensate for the loss or damages their actions have caused.
S
Amount of money the court may be ordered to be paid. In many cases, the money won’t have to be deposited with the court.
When a court orders the removal of a person’s property without their consent.
The punishment imposed after a person has been found guilty.
When two or more jail sentences are served at the same time (simultaneously). For example, three two-year sentences would result in a 2-year prison sentence.
Under specific conditions, a judge can order a sentence to be served in the community (at home) rather than in prison. This is for shorter sentences which are less than two years.
When two or more prison sentences are served one after the other. For example, three two-year prison sentences would result in a six year prison sentence.
A sentence where a person goes back and forth between prison and periods of probation in the community. This is usually done to prevent loss of employment or for childcare reasons. These are usually given for short sentences of 90 days or less.
When a Judge holds off imposing a sentence on a convicted person and allows them to prove no further punishment is required by complying with certain conditions as laid out in a probation order.
A description that a witness gives to the police and that they police write down or record.
A piece of paper that requires a witness to come to court at a certain time and place.
A court document which requires a person to appear in court, or produce specific documents.
An extra fine, in addition to the original sentence.
If an accused is convicted or discharged of an offence, they may have to pay a victim surcharge, in addition to other punishments ordered by the court.
T
Fees paid by Legal Aid for specific legal services.
Give evidence by answering questions in court posed by the lawyers or the Judge.
What a witness says in court.
The record of what is said in court, taken by a court reporter.
A hearing that takes place when the accused pleads “not guilty” and witnesses are required to come to court to give evidence.
The person(s) who decide on the outcome of a trial based on evidence and testimony. In a jury trial, the jury are the triers of fact. In a judge-alone trial, the judge is the trier of fact.
V
A written statement by the victim(s) of the crime(s) involved in a court proceeding which describes the personal impact of the crimes.
For more information, visit the Steps to Justice Glossary.