Absolute Discharge
An “Absolute Discharge” is a legal outcome in criminal defence law where an individual, despite being found guilty or having pled guilty, is not given a formal sentence by the judge. This decision results in the individual not carrying a criminal record post-verdict. It’s a significant concept in criminal law, emphasizing rehabilitation and the acknowledgment that not all guilty verdicts necessitate punitive measures.
Access Period
The “Access Period” refers to a specific duration within youth criminal justice proceedings, during which a youth’s criminal record remains unsealed and accessible. This period is crucial for understanding the implications of youth offences and the protection of their future prospects. It highlights the balance between accountability and the potential for rehabilitation and reintegration into society.
Accusation
An “Accusation” in the realm of criminal law signifies a formal declaration that an individual is alleged to have engaged in criminal activity. This preliminary step in the legal process is foundational for the pursuit of justice, setting the stage for further investigation and potential legal proceedings. It underscores the legal principle that individuals are presumed innocent until proven guilty.
Accused
The term “Accused” is used to describe an individual who is being formally charged or suspected of committing a crime. This designation plays a critical role in the criminal justice system, marking the beginning of the individual’s journey through legal proceedings. The rights and legal representation of the accused are of paramount importance in ensuring a fair trial and upholding the principles of justice.
Acquittal
An “Acquittal” occurs when a court concludes that there is insufficient evidence to convict the accused of the crime charged, resulting in their release from the accusation. This verdict is a cornerstone of criminal defence, reinforcing the burden of proof on the prosecution and the right to a fair trial. It underscores the presumption of innocence that is fundamental to the legal systems in democratic societies.
Act
An “Act” is a statute or law formally enacted by the federal parliament or a provincial legislature. These legal documents are critical components of the legislative framework, guiding the conduct of individuals and institutions. Acts cover a broad range of legal areas, including criminal law, setting the standards and penalties for various offences and ensuring the rule of law is maintained.
Adjournment
An “Adjournment” in legal proceedings refers to the temporary halt or postponement of court proceedings, allowing for further preparation, consideration of new information, or scheduling conveniences. This procedural aspect is crucial for ensuring that all parties have adequate time to present their case fully and fairly, reflecting the justice system’s adaptability and commitment to thoroughness.
Affirm
To “Affirm” in a court setting is the act of a witness committing to tell the truth during their testimony, without invoking religious texts for the oath. This secular approach accommodates diverse beliefs and underscores the universal importance of truthfulness in the pursuit of justice. It reflects the evolving practices within courtrooms to respect individual convictions while upholding the integrity of legal proceedings.
Age of Consent
The “Age of Consent” is a legally defined age at which an individual is considered capable of consenting to sexual activities. Set at 16 years in most jurisdictions, with exceptions for close-in-age relationships or marital status, this legal threshold is crucial for protecting minors and ensuring consensual and responsible relationships. It plays a significant role in criminal law, particularly in cases involving sexual offences.
Allegation
An “Allegation” is a claim or assertion that someone has committed an offence or wrongdoing, pending verification or proof. In the context of criminal law, allegations initiate the investigative and legal processes, underscoring the importance of evidence and the right to a fair hearing. They are pivotal in maintaining the balance between protecting society and safeguarding the rights of individuals accused of crimes.
Allege
To “Allege” means to assert that something is true without yet providing proof, often used in the context of accusing someone of a crime. This term is fundamental in the preliminary stages of legal proceedings, signifying the beginning of the process to establish guilt or innocence through the justice system. Allegations require careful investigation and legal scrutiny to uphold justice and prevent wrongful convictions.
Alleged
An “Alleged” act or incident is one that has been claimed to occur but has not yet been proven in the court of law. This term is crucial in criminal defence, reflecting the presumption of innocence until proven guilty. It underscores the importance of a thorough and fair legal process, ensuring that accusations are substantiated with evidence before any legal consequences are imposed.
Alternative Measure
“Alternative Measure” is a legal option within the criminal justice system, allowing individuals accused of less serious crimes to engage in community-based resolutions instead of formal prosecution. This approach emphasizes restorative justice, encouraging the accused to take responsibility and make amends, thus fostering rehabilitation and reconciliation with victims and the community. It represents a progressive shift towards more compassionate and constructive handling of certain offences.
Appeals
“Appeals” in criminal law refer to the process whereby either the defence or prosecution requests a higher court to review the decision of a lower court, arguing that a significant error impacted the verdict. This procedural right is fundamental to the justice system, ensuring that legal decisions are subject to scrutiny and that the principles of fairness and accuracy in legal proceedings are upheld.
Appearance Notice
An “Appearance Notice” is an official document issued to an accused person, mandating their presence in court to respond to criminal charges. This notice plays a critical role in the legal process, ensuring that individuals are formally informed of and respond to allegations against them. Failure to comply can result in further legal consequences, emphasizing the importance of adherence to judicial procedures.
Arraignment
An “Arraignment” is a pivotal court hearing where the accused, through their defence counsel, declares their plea in response to criminal charges. This procedural step determines the course of legal proceedings, setting the stage for a trial or sentencing based on the plea. It underscores the accused’s right to a fair trial and the judiciary’s role in administering justice efficiently and equitably.
Bail Hearing
A “Bail Hearing” is a critical judicial procedure where a judge assesses whether an accused individual should be granted freedom from custody pending their trial or appeal. This process, also known as a show cause or judicial interim release hearing, is a fundamental aspect of criminal law, emphasizing the balance between the accused’s rights and the interests of public safety. The decision hinges on various factors, including the nature of the alleged crime, the accused’s ties to the community, and the likelihood of attending future court dates.
Bail
“Bail” represents a court’s decision to release an accused from custody under specific conditions while awaiting trial. This legal mechanism ensures that the accused can maintain their daily life outside of detention, provided they comply with set rules and appear in court as required. The conditions of bail may involve financial commitments, such as a cash deposit or a surety agreement, to incentivize compliance and return to court. Bail plays a pivotal role in the criminal justice system, balancing the presumption of innocence with the need to ensure judicial proceedings are respected.
Bereaved / Bereavement
The terms “Bereaved” and “Bereavement” refer to the state of sorrow and grief experienced following the death of a loved one. This emotional process is universally recognized and respected, acknowledging the profound impact of loss on individuals. The bereavement period is marked by a range of emotions and adjustments as individuals navigate their way through the loss. Recognizing and supporting the bereaved is crucial in fostering empathy and compassion within communities and societal structures.
Beyond a Reasonable Doubt
“Beyond a Reasonable Doubt” is a legal standard of proof required in criminal trials to secure a conviction. This standard demands that the judge or jury be firmly convinced of the accused’s guilt, leaving no room for reasonable hesitation. It is the highest standard of proof, reflecting the seriousness of criminal charges and the potential consequences of a conviction. Upholding this standard safeguards the principle of innocence until proven guilty, ensuring that only those truly culpable face the penalties associated with criminal behavior.
Challenge
A “Challenge” in the context of criminal law refers to a formal objection raised against a juror’s participation in a trial. This procedural safeguard allows either the defence or the prosecution to contest the suitability of a juror, ensuring the impartiality and fairness of the jury. Challenges are critical in upholding the integrity of the judicial process, ensuring that jurors can objectively assess the evidence and render a just verdict.
Character Evidence
“Character Evidence” pertains to the assessment of an individual’s personality, ethics, traits, and overall character. In criminal proceedings, such evidence can be pivotal, offering insights into the accused’s behavior patterns and moral compass. However, its admissibility is carefully regulated to ensure that judgments are based on facts relevant to the case at hand, rather than prejudicial assumptions about character.
Charged
Being “Charged” denotes the formal accusation of an individual with a criminal offence, initiated by Crown counsel. This crucial step in the criminal justice process signifies the commencement of legal proceedings against the accused, based on evidence suggesting their involvement in a criminal act. The charging process underscores the rule of law and the commitment to prosecuting alleged criminal behaviors through due process.
Charges
“Charges” refer to the specific criminal offences an individual is accused of committing. The formal laying of charges by Crown counsel marks a significant phase in the criminal justice process, transitioning an individual from a suspect to an accused. This legal action initiates the procedural steps necessary for adjudicating the accused’s guilt or innocence in a court of law.
Charging
The act of “Charging” involves Crown counsel formally accusing an individual of a criminal offence. This pivotal legal mechanism triggers the start of judicial proceedings, setting the stage for the accused to respond to the allegations in a court setting. Charging is a fundamental aspect of the criminal justice system, reflecting the state’s role in enforcing laws and maintaining public order.
Child Abuse
“Child Abuse” encompasses any form of physical, emotional, sexual abuse, or neglect of a person under the age of 19, necessitating protective intervention. This grievous violation of rights highlights the critical need for vigilant protective services and legal frameworks to safeguard vulnerable youth from harm and ensure their well-being and development.
Community Sentence
A “Community Sentence” is a form of punishment that allows individuals convicted of certain offences to serve their sentence within the community under strict conditions, supervised by B.C. Corrections. This sentencing option emphasizes rehabilitation and reintegration, offering an alternative to incarceration by focusing on constructive engagement and accountability within the community context.
Conditions
“Conditions” refer to specific terms or rules imposed on an individual when they are released into the community by a court or during any stage of the criminal process. These conditions are designed to ensure compliance with the law, protect public safety, and facilitate the individual’s rehabilitation and responsible reintegration into society.
Conditional Discharge
A “Conditional Discharge” occurs when an individual found guilty of an offence is not formally convicted, provided they meet certain conditions. This judicial decision allows for the avoidance of a criminal record upon successful completion of the specified terms, reflecting a focus on rehabilitation and the potential for the accused to make amends and reintegrate into society positively.
Conditional Release / Conditionally Released
“Conditional Release” or being “Conditionally Released” involves the release of an offender into the community under set conditions for a specified period. This approach to sentencing aims to balance the need for public safety with the rehabilitation of the offender, emphasizing compliance with the conditions as a measure of the individual’s progress and commitment to lawful behavior.
Conditional Sentence
A “Conditional Sentence” allows an offender to serve their sentence in the community under supervision, subject to strict conditions. This sentencing option reflects the justice system’s adaptability, offering an alternative to incarceration that supports the offender’s rehabilitation while maintaining accountability and public safety.
Conditionally
“Conditionally” signifies the imposition of specific rules and promises that must be adhered to. In the context of criminal law, conditional measures are often applied to ensure that individuals comply with legal and rehabilitative requirements, fostering a path toward positive behavioral change and societal reintegration.
Conference
A “Conference” in the criminal justice system involves a structured meeting to address case-specific issues, particularly concerning youth offenders. Facilitated by professionals such as youth probation officers or police members, these conferences aim to discuss sentencing, restorative justice initiatives, and other rehabilitative measures, emphasizing collaborative approaches to youth justice.
In Confidence
To share information “In Confidence” means to trust that the details disclosed in a private conversation will be kept secret and not disclosed to others. This principle of confidentiality is vital in fostering trust and openness in various contexts, including legal consultations, therapeutic settings, and personal relationships.
Consensual
“Consensual” refers to situations or actions agreed upon by all parties involved. In legal contexts, particularly concerning matters of consent, this term underscores the importance of voluntary and informed agreement, ensuring that all parties are fully aware of and agree to the terms or actions proposed.
Consent
“Consent” involves giving permission for something to happen or agreeing to participate in an activity. In legal terms, consent must be informed, voluntary, and given without coercion, playing a crucial role in various areas of law, especially in matters related to personal autonomy and rights.
Consent Arraignment
“Consent Arraignment” offers an alternative legal procedure where an accused can plead guilty or not guilty through a form, bypassing the traditional in-court appearance before a judge. This streamlined process, available in specific jurisdictions, reflects efforts to enhance efficiency and accessibility within the judicial system.
Contempt of Court
“Contempt of Court” constitutes a serious offence characterized by acts of disrespect or disobedience toward the court or its orders. This violation, which can result in fines or imprisonment, underscores the importance of maintaining the dignity and authority of the judicial process to ensure the effective administration of justice.
Contraband
“Contraband” refers to items that are illegally transported or traded, especially within the confines of correctional facilities. The prohibition of contraband is essential for maintaining security and order within jails and penitentiaries, safeguarding both the inmate population and staff.
Convict / Convicted / Conviction(s) / Convicting
The terms “Convict,” “Convicted,” “Conviction,” and “Convicting” relate to the process and outcome of proving an accused’s guilt beyond a reasonable doubt in a court of law. A conviction signifies the legal determination that an individual has committed the crime they were charged with, leading to the imposition of a sentence. This fundamental aspect of criminal law underscores the rigorous standards and processes required to establish guilt.
Correctional Centre
A “Correctional Centre” refers to facilities such as jails or penitentiaries designed to detain individuals convicted of crimes. These institutions vary based on the length of sentences served, with provincial correctional centres handling sentences under two years and federal correctional centres for longer sentences. They play a critical role in the criminal justice system, focusing on security, rehabilitation, and reintegration efforts.
Court Clerk
The “Court Clerk” plays an essential role within the courtroom, assisting the judge by recording proceedings, managing exhibits, and swearing in witnesses. This position ensures the smooth operation of court sessions, facilitating the accurate documentation and administration of justice.
Court Proceedings
“Court Proceedings” encompass the series of legal steps and activities conducted in a courtroom as part of a criminal case. These proceedings are the mechanism through which legal disputes are adjudicated, involving the presentation of evidence, examination of witnesses, and application of legal principles to resolve the matter at hand.
Credibility Evidence
“Credibility Evidence” concerns the assessment of a witness’s honesty and reliability in providing testimony. The credibility of a witness is crucial in determining the weight and influence of their testimony on the case’s outcome, highlighting the importance of truthfulness and reliability in the judicial process.
Criminal Charge
A “Criminal Charge” is the formal accusation made against an individual, alleging their commission of a specific criminal offence. This step, undertaken by Crown counsel, signifies the initiation of legal proceedings, moving the accused into the judicial system to face the allegations. The charging process is a fundamental aspect of criminal law, embodying the state’s response to alleged criminal behavior.
Criminal Code / Criminal Code of Canada
The “Criminal Code of Canada” is the comprehensive federal statute that outlines criminal offences, procedures for prosecution, and sentences in Canada. It serves as the legal foundation for criminal law across the country, ensuring a uniform approach to the definition and handling of crimes. The Code is instrumental in maintaining public order and justice by clearly specifying legal boundaries and penalties.
Criminal Law
“Criminal Law” encompasses the body of law that deals with acts considered offences against the state or society at large. It sets out the procedures for charging, trying, and punishing individuals accused of committing crimes, emphasizing the protection of the public and the imposition of penalties for harmful behaviors. Criminal law reflects societal values and norms, distinguishing between acceptable and unacceptable actions.
Criminal Offence
A “Criminal Offence” refers to an act that violates a law governing social conduct, thereby harming society as a whole. These offences are delineated by legislation and carry specific penalties. The notion that crimes are offences against society underscores the legal principle that maintaining social order and protecting citizens are paramount concerns of the criminal justice system.
Criminal Record
A “Criminal Record” documents an individual’s interactions with the criminal justice system, from initial police involvement to sentencing and release. Accessible by police agencies across Canada, these records play a critical role in law enforcement and legal proceedings, impacting various aspects of a person’s life, including employment, travel, and eligibility for certain licenses.
Criminal Record Check
A “Criminal Record Check” is a process by which individuals or organizations request access to an individual’s criminal history, with the subject’s consent. This check is essential for assessing suitability for employment, volunteer positions, or other roles requiring trust, thereby safeguarding public safety and organizational integrity.
Cross-Examination
“Cross-Examination” is a critical phase in a trial where a witness is questioned by the opposing side’s lawyer, following their initial examination. This process aims to test the credibility and reliability of the witness’s testimony, challenging their account and uncovering the truth. Effective cross-examination can significantly influence the outcome of a case.
Crown Counsel / Crown
“Crown Counsel,” also known as Crown prosecutors or Crown Attorney, are independent legal professionals who represent the state in prosecuting criminal cases. They play a crucial role in the justice system, working on behalf of the public interest to ensure that justice is served. Their responsibilities include deciding on charges, conducting prosecutions, and recommending sentences, guided by legal and ethical standards.
Curfew
A “Curfew” is a legal order specifying a time by which individuals must remain indoors or within certain boundaries, often used as a condition of bail, probation, or during states of emergency. Curfews aim to maintain public order, reduce crime, or ensure the safety of specific individuals or the community at large.
Custody / In Custody / Custodial
Being “In Custody” refers to the state of being detained by law enforcement or correctional authorities, whether in a police station, correctional centre, or youth custody facility. This term encompasses both pre-trial detention and post-conviction incarceration, reflecting the state’s authority to restrict freedom as part of the criminal justice process.
Custodial Sentence / Custody Sentence
A “Custodial Sentence” is a judicial punishment that involves the incarceration of the offender. These sentences are reserved for more
Defence Counsel
“Defence Counsel” refers to the lawyer or team of lawyers tasked with representing an individual accused or charged with a criminal offence. This legal representation is pivotal in ensuring the accused’s rights are protected throughout the judicial process. Defence counsel plays a critical role in the adversarial system, providing essential legal advice, formulating a defence strategy, and advocating on behalf of the accused to achieve the best possible outcome.
Defendant
The term “Defendant” is used within the courtroom to describe a person formally accused of a crime following the laying of charges by Crown counsel. Synonymous with the accused, the defendant’s rights and responsibilities are central to the criminal justice process, ensuring they are given a fair opportunity to contest the charges against them and present their case.
Direct Examination
“Direct Examination” involves the questioning of a witness by the lawyer who has called them to testify in court. This phase of the trial is designed to elicit factual information through open-ended questions, allowing the witness to provide their account without the questioning suggesting specific answers. Direct examination is fundamental for building a case by presenting evidence and establishing facts.
Discharge
A “Discharge” occurs when an individual, despite being found guilty or pleading guilty, is not convicted by the judge, sparing them from a criminal record. This outcome, which can be absolute or conditional, reflects a judicial discretion aimed at rehabilitation and recognizing circumstances where the standard consequences of a conviction may not be in the interests of justice or the individual’s rehabilitation.
Disclosure
“Disclosure” is the process by which the Crown shares all relevant evidence and information about the case with the defence. This principle ensures transparency and fairness in the criminal justice process, enabling the accused to fully understand the case against them and prepare an adequate defence. Disclosure is a cornerstone of legal rights, ensuring both parties have access to the necessary information for a fair trial.
Dismiss
To “Dismiss” a case means for a court to reject it, removing it from consideration. This action can occur for various reasons, including insufficient evidence, procedural issues, or if pursuing the case is deemed not in the public interest. Dismissal upholds the principle that legal actions should only proceed when justified by the facts and legal standards.
Duty Counsel
“Duty Counsel” are lawyers available to provide immediate legal assistance for free at initial court appearances and bail hearings. Although typically not available for trial representation, duty counsel plays a crucial role in the legal system by offering advice, ensuring individuals understand their rights, and assisting with procedural matters during the early stages of the criminal process.
Eligible
Being “Eligible” means to fulfill the necessary conditions or criteria to qualify for a particular status, opportunity, or activity. Eligibility is often determined by specific requirements set by an authority or institution, ensuring that individuals meet the predetermined standards for participation or benefit.
Evidence
“Evidence” comprises the information and physical objects presented in court to support the facts of a case. This can include testimonies from victims and witnesses, documents, and items from the crime scene. Evidence is crucial in legal proceedings, serving as the foundation upon which cases are built and adjudicated.
Evidence-based
“Evidence-based” refers to practices or interventions that are grounded in rigorous research and have been demonstrated to be effective through empirical evidence. This approach ensures that decisions, particularly in fields such as healthcare, education, and criminal justice, are informed by reliable data highlighting their efficacy.
Exempt / Exemptions
“Exempt” or “Exemptions” relate to situations where individuals are released from a duty or requirement, such as jury service, due to special circumstances. These provisions allow for the exclusion of individuals from obligations when participation would be unreasonable or unjust, ensuring the fairness and functionality of legal and other systems.
Exhibits
“Exhibits” or court exhibits are objects or documents officially introduced as evidence in court. These items are crucial for substantiating the claims made during a trial, providing tangible proof that supports or refutes the arguments presented by the prosecution or defense.
Extrajudicial Measures
“Extrajudicial Measures” are alternatives to formal court proceedings used to address minor offences committed by youth. These measures aim to resolve issues through methods outside the traditional judicial system, focusing on rehabilitation and restitution rather than punitive action, and promoting accountability and community engagement.
Failure to Appear
“Failure to Appear” is a legal offence occurring when an individual does not show up for a scheduled court date. This failure can lead to further legal consequences, including additional charges, highlighting the importance of compliance with court orders and schedules in the judicial process.
Family Conferencing
“Family Conferencing” is a collaborative process involving family members, friends, and sometimes professionals, aimed at resolving issues and ensuring the well-being and support of children. This approach fosters collective decision-making and problem-solving, emphasizing the strength and resources within a family unit.
Federal Correctional Centre
A “Federal Correctional Centre,” or penitentiary, houses offenders sentenced to two years or more. These institutions are critical components of the criminal justice system, focusing on security, rehabilitation, and the reintegration of offenders into society.
Fine
A “Fine” is a monetary penalty imposed on individuals convicted of a crime, requiring payment to the court. Fines serve as a punitive measure, aiming to deter criminal behavior and compensate for the administrative costs of justice.
First Appearance
The “First Appearance” is the initial court date for an accused individual, marking the beginning of the formal legal process. This appearance sets the stage for subsequent legal proceedings, including hearings, trials, or plea negotiations.
Forensic
“Forensic” pertains to the application of scientific methods and techniques in the investigation and establishment of facts in a legal context. This interdisciplinary approach is essential
Guilty
Being “Guilty” means that an individual has either admitted to committing a crime (pleaded guilty) or has been found by a judge or jury to have committed the crime they were charged with. This determination is central to the criminal justice process, leading to sentencing and the imposition of penalties as prescribed by law.
Hearing
A “Hearing” provides individuals with an opportunity to present their case or arguments before a judge in court. It is a critical component of the legal process, allowing for the examination of evidence, legal arguments, and decisions on various procedural and substantive issues.
Hung Jury
A “Hung Jury” occurs when a jury cannot reach a unanimous decision regarding the guilt or innocence of the defendant. This deadlock prevents a verdict from being delivered, often leading to a retrial of the case.
Hybrid Offences
“Hybrid Offences” are crimes that can be prosecuted as either summary or indictable offences, depending on the circumstances and the discretion of Crown counsel. This categorization allows the legal system flexibility in handling offences that vary significantly in severity.
Imprisonment
“Imprisonment” refers to the confinement of an individual in a correctional centre for a specified period, following a conviction for committing a crime. It serves as a punishment intended to deter criminal behavior and protect society by removing offenders from the general population.
Indictable Offences
“Indictable Offences” represent more serious crimes within the criminal justice system, such as theft over $5,000, break and enter, aggravated sexual assault, and murder. These offences carry heavier penalties, including the possibility of life imprisonment, and some have mandatory minimum sentences.
Indictment
An “Indictment” is a formal document listing the charges against a defendant in serious criminal cases. It signifies the commencement of criminal proceedings for indictable offences, outlining the specific accusations that the accused is required to answer to in court.
Judge
A “Judge” is the official tasked with overseeing court proceedings, making decisions on legal questions, and, in bench trials, determining the guilt or innocence of the accused. Judges play a pivotal role in the administration of justice, ensuring that trials are conducted fairly and in accordance with the law.
Judgment
“Judgment” refers to the decision made by a judge or jury regarding the guilt or innocence of a defendant in a criminal case. This verdict is the culmination of the trial process, determining the legal outcome for the accused based on the evidence presented.
Judicial Stay of Proceedings
A “Judicial Stay of Proceedings” occurs when a judge halts the court process before the trial concludes, effectively suspending further legal action. This rare decision may be made for various legal or procedural reasons, leaving the charges unresolved.
Juror
A “Juror” is an individual selected to serve on a jury, tasked with evaluating the evidence presented during a trial and contributing to the verdict regarding the accused’s guilt or innocence. Jurors play a crucial role in the justice system, embodying the principle of trial by a panel of impartial peers.
Jury
In criminal cases, a “Jury” consists of 12 citizens who deliberate on the evidence presented in court, guided by the judge’s instructions on the law, to reach a verdict of guilty or not guilty. This collective decision-making process is foundational to the criminal trial system in many jurisdictions, ensuring community participation in the administration of justice.
Justice of The Peace
A “Justice of the Peace” is a court officer endowed with certain judicial powers. While their authority may be more limited than that of judges, Justices of the Peace play an essential role in the legal system, handling minor offences, preliminary matters, and various administrative duties.
Legal Aid
“Legal Aid” provides free legal information, advice, and representation to individuals who cannot afford a lawyer and meet the eligibility criteria. This service is fundamental in ensuring access to justice for all, particularly for those with limited financial resources, by offering legal support in various matters, including criminal defense.
Mediation
“Mediation” is an alternative dispute resolution method aimed at helping parties in conflict to reach an agreement through facilitated discussions. It empowers the disputants to control the outcome of their disagreement, offering a more collaborative and often less adversarial approach to resolving disputes than traditional court processes.
Mistrial
A “Mistrial” occurs when a trial is invalidated due to a significant error or issue that prevents a conclusion on the merits of the case, such as a hung jury or procedural mistake. This situation necessitates a retrial or other legal resolution to address the charges initially brought to court.
Non-consensual
“Non-consensual” refers to actions or activities that occur without the agreement or consent of all parties involved. In legal contexts, particularly in cases of sexual assault or harassment, the distinction between consensual and non-consensual interactions is critical for determining the legality and ethicality of the behavior.
No Contact
A “No Contact” order is a legal directive issued by a court prohibiting the accused or convicted individual from communicating with a specified person. This order is often employed in cases involving domestic violence, harassment, or stalking to protect victims from further harm.
Non-custodial Sentence
A “Non-custodial Sentence” allows an offender to serve their sentence outside of a correctional facility, such as through probation, community service, or other forms of community supervision. This sentencing option emphasizes rehabilitation and reintegration into society rather than incarceration.
Non-disclosure
“Non-disclosure” occurs when information is not made known or shared, especially in contexts where transparency or sharing of information is expected or legally required. It can involve withholding details that might be crucial for decision-making, compliance, or accountability.
Not Guilty
A “Not Guilty” verdict is rendered when the prosecution fails to prove the accused’s guilt beyond a reasonable doubt. This outcome may result from insufficient evidence or the defense successfully contesting the charges, affirming the principle of ‘innocent until proven guilty’ in criminal law.
Offence
An “Offence” is an act deemed by law as being criminal and punishable. Offences violate societal norms and laws, warranting legal action against the perpetrator. The nature of the offence determines the severity of the punishment and the legal procedures involved.
Offender
An “Offender” is an individual who has been convicted of, or has pleaded guilty to, a criminal offence. This designation triggers specific legal consequences, including sentencing, which may involve imprisonment, fines, community service, or other penalties as determined by the court.
Officer-in-Charge Recognizance
An “Officer-in-Charge Recognizance” is an agreement made by an accused individual to forfeit a specified sum of money should they fail to appear in court. This legal mechanism, particularly relevant for those residing over 200 km away from the court, ensures accountability and encourages court attendance through a financial commitment.
Omission
“Omission” refers to the act of neglecting to perform something required or failing to act when action is necessary. This concept is significant in both legal and moral contexts, where the absence of action can have implications equal to those of direct actions.
Pardon
A “Pardon” is a government decision to formally acknowledge the rehabilitation of an offender by separating their criminal record from public access. Although the record is not erased, a pardon prevents it from being disclosed to businesses or agencies, effectively removing barriers the record might cause. Note that pardons are now referred to as “record suspensions” in Canada.
Parole
“Parole” is the conditional release of an offender from prison before their sentence is fully served. Parolees must comply with specific rules and conditions designed to monitor their integration into the community and reduce the risk of reoffending. This system balances rehabilitation with public safety.
Peace Bond
A “Peace Bond” is a court order that aims to prevent potential harm by imposing specific conditions on an individual’s behavior towards another person. Obtained through a criminal court process, it serves as a preventive measure to protect individuals from threats or harm by mandating behavioral restrictions on the subject of the order.
Perjury
“Perjury” involves making false statements under oath or affirmation in a legal proceeding. This serious offence undermines the integrity of the justice system by obstructing the truth, and it carries significant legal penalties to deter dishonesty in court.
Plea / Plead / Pleading
The “Plea” is the response an accused person gives to the court regarding their guilt or innocence concerning the charges against them. This legal declaration is a critical step in the criminal justice process, determining the course of subsequent proceedings.
Police Custody
Being in “Police Custody” means an individual is detained and under the supervision of law enforcement authorities. This status can occur before or after charges are laid, during investigations, or pending court proceedings, signifying the person’s restricted freedom for legal processing.
Preliminary Hearing
A “Preliminary Hearing” is a legal proceeding held before a trial to determine whether there is sufficient evidence to charge the accused with the crime and proceed to trial. It serves as a safeguard against unwarranted charges, ensuring that only cases with a foundational basis in evidence move forward.
Pre-sentence Report
A “Pre-sentence Report” is a comprehensive document crafted by a probation officer to offer the court detailed insights into the background and character of an individual awaiting sentencing. This report aids in tailoring the sentence to the individual’s specific circumstances, promoting informed and equitable judicial decisions.
Probation
“Probation” involves the supervised release of an offender into the community, subject to adherence to specified conditions. This alternative to incarceration aims to rehabilitate offenders by allowing them to live in the community under the guidance of a probation officer, while ensuring public safety and compliance with the law.
Probation Officer
A “Probation Officer” is a dedicated professional responsible for monitoring, supporting, and guiding offenders on probation towards successful reintegration into society. They play a pivotal role in preventing recidivism by providing supervision, services, and support tailored to each offender’s needs and circumstances.
Probation Order
A “Probation Order” is a judicial directive that mandates an offender to comply with specific conditions for a designated period while living in the community. This order is part of the sentencing process, aiming to monitor and facilitate the offender’s rehabilitation and adherence to societal norms.
Proceedings
“Proceedings” refer to the formal steps and actions taken within the legal system to address disputes or criminal charges against an individual. These processes are governed by legal protocols and principles, ensuring fairness and justice in the resolution of cases.
Promise to Appear
A “Promise to Appear” is a legal commitment made by an accused individual, signifying their agreement to attend court on a specified date. This document is typically issued upon release from police custody before trial, serving as a crucial component in ensuring the accused’s participation in forthcoming legal proceedings.
Prosecute / Prosecuted / Prosecution
To “Prosecute” involves initiating and conducting legal proceedings against someone charged with a criminal offence. The process of prosecution is vital to the enforcement of law and order, ensuring that individuals accused of crimes are held accountable through a fair and just legal process.
Protection Order
A “Protection Order” is a legal mandate issued by a court to safeguard individuals from potential harm by prohibiting an offender from making contact or approaching the protected person. This order plays a critical role in ensuring the safety and well-being of victims of violence or harassment.
Provincial Correctional Centre
A “Provincial Correctional Centre” is a facility designed to detain individuals sentenced to incarceration for periods less than two years. These centres are integral to the correctional system, focusing on custody, rehabilitation, and preparation for reintegration into the community.
Record Suspension
A “Record Suspension” is a decision that isolates a criminal record from being readily accessible within the standard checks of criminal records. This measure does not erase the record but prevents it from being disclosed in most situations, facilitating the individual’s efforts to reintegrate into society without the stigma of past convictions.
Reform
“Reform” entails making improvements or amendments to a system or practice, such as the criminal justice system, to enhance its efficiency, fairness, and effectiveness. Reforms aim to address systemic issues, implement progressive changes, and better align the system with contemporary standards of justice and equity.
Rehabilitation / Rehabilitate
“Rehabilitation” refers to the process of helping an individual improve their behavior and reintegrate into society as a law-abiding citizen. This concept is fundamental in correctional strategies, focusing on providing offenders with the skills, knowledge, and support necessary for successful community reentry and reducing recidivism.
Sentence / Sentencing / Sentenced
The “Sentence” is the penalty imposed on an individual who has been convicted of a crime, following their plea of guilt or a guilty verdict. This punishment can range from fines and community service to probation and incarceration, tailored to the nature of the offence and the circumstances surrounding it.
Sentence Hearing
A “Sentence Hearing” is a judicial proceeding where the court, specifically the judge, considers arguments and evidence from both the prosecution and defence regarding the appropriate sentence for a convicted individual. This process ensures a fair and proportionate penalty, considering all relevant factors.
Serious Offence
A “Serious Offence” is characterized by its gravity and the potential for significant penalties, including incarceration for up to five years or more. These offences represent a substantial threat to public safety and moral order, warranting stringent legal responses.
Sexual Assault
“Sexual Assault” involves any non-consensual sexual contact, encompassing a wide range of unwanted sexual behaviors. This serious offence violates the victim’s autonomy and integrity, triggering significant legal and social consequences for the perpetrator.
Sexual Exploitation
“Sexual Exploitation” refers to the abuse of children through sexual activities in exchange for basic necessities or monetary compensation. This form of exploitation severely impacts the well-being and development of affected individuals, necessitating comprehensive protective and legal measures.
Sheriff
The “Sheriff” plays a pivotal role in the judicial system, ensuring the security and orderly conduct of court proceedings. Responsibilities include overseeing the safety of all participants, managing the jury, and facilitating the custody and transport of detainees.
Spousal Abuse
“Spousal Abuse” encompasses a range of abusive behaviors within intimate relationships, including physical, emotional, financial, and psychological harm. This form of abuse undermines the victim’s safety, dignity, and freedom, demanding urgent and effective legal intervention.
Stalking
“Stalking” involves persistent and unwanted attention towards another person, inducing fear and distress. This behavior is recognized as a criminal offence due to its invasive nature and the potential threat it poses to the victim’s safety.
Statement
A “Statement” is a formal account given by a witness or victim detailing their observation or experience related to a crime. These documents are crucial for the investigative and prosecutorial process, providing evidence to support legal actions.
Statutes
“Statutes” are laws enacted by legislative bodies at various levels of government. These written norms govern societal conduct, outline the rights and obligations of citizens, and provide the basis for legal proceedings and the administration of justice.
Statutory Release
“Statutory Release” allows for the conditional reintegration of offenders into the community after serving two-thirds of their sentence. This system is designed to facilitate the transition from incarceration to community living under supervised conditions, aiming to reduce recidivism.
Stay of Proceedings
A “Stay of Proceedings” occurs when the prosecution temporarily halts or permanently discontinues charges against an accused. While the charges can potentially be reactivated within specific timeframes, a stay often ends the immediate legal action against the individual.
Subpoena
A “Subpoena” is a legal document that orders an individual to appear in court to testify or present evidence. Non-compliance with a subpoena can result in legal penalties, underscoring the importance of judicial processes in the pursuit of justice.
Subpoenaed
Being “Subpoenaed” means receiving a court order that mandates one’s appearance at a legal proceeding to provide testimony or evidence. This compulsory action is a critical component of the legal system’s ability to ascertain facts and administer justice.
Subsidized
“Subsidized” refers to financial support provided by an entity to reduce the cost of services or goods for the beneficiary. This assistance can facilitate access to essential resources, services, or opportunities that might otherwise be unaffordable.
Substance Abuse
“Substance Abuse” describes the harmful or hazardous use of psychoactive substances, including drugs and alcohol. This behavior can lead to addiction, health issues, and significant social and legal problems, highlighting the need for effective prevention and treatment strategies.
Summary Offences
“Summary Offences” are considered less serious criminal acts, subject to relatively lower penalties, such as fines or short-term imprisonment. The legal process for these offences is typically more straightforward and expedited, reflecting their lesser severity compared to indictable offences.
Summoned
To be “Summoned” is to be officially notified and required to appear in court or at another legal proceeding. This notification is a formal part of the legal process, ensuring individuals are aware of and respond to legal obligations or charges.
Summons
A “Summons” is an official notice directing an individual to appear in court at a specified time and place. It serves as a formal mechanism to engage parties in legal proceedings, whether as defendants, witnesses, or in other capacities.
Surety
A “Surety” is a person who agrees to be responsible for the debt, default, or misconduct of another. In the context of bail, a surety pledges a certain amount of money as a guarantee that the accused will comply with the conditions of their release and appear in court as required.
Suspect / Suspected
A “Suspect” is an individual believed to have committed a crime, based on evidence or reasonable suspicion. The process of identifying and investigating suspects is fundamental to criminal investigations and the enforcement of law.
Swear an Oath / Swearing / Sworn In
To “Swear an Oath” is to make a solemn promise, often invoking a divine or moral witness, to tell the truth or fulfill a duty. This act is a binding commitment to honesty and integrity, particularly in legal and official contexts.
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Testify / Testifies
To “Testify” means to provide information or evidence about a crime in court after making a formal promise to tell the truth. This act is essential for the judicial process, ensuring that the information presented is accurate and reliable for decision-making.
Testimony / Testimonies
“Testimony” refers to the detailed account or evidence given by a witness under oath in a court of law. These personal accounts are crucial in establishing the facts of a case, helping the judge or jury make informed decisions about the guilt or innocence of the accused.
Third Party Reporting
“Third Party Reporting” enables someone other than the victim of a crime to report the incident to the police. This option can provide a safer or more comfortable way for crimes to be brought to the attention of law enforcement, especially in sensitive cases.
Tried
A case is “Tried” when it is formally examined in a court trial. This process involves presenting evidence, witness testimonies, and legal arguments before a judge or jury, who then determine the outcome based on the law and the evidence presented.
Trial / Trials
A “Trial” is a fundamental judicial proceeding where the facts of a case are examined, and a verdict is reached regarding an accused’s guilt or innocence. Trials are critical to the criminal justice process, ensuring that justice is served through a fair and transparent examination of the evidence.
Unanimous
A decision is “Unanimous” when all members of a jury agree on the verdict, whether it is to convict or acquit the accused. This consensus is often required in criminal trials to ensure a definitive and fair judgment is reached.
Unbiased
Being “Unbiased” means maintaining neutrality and fairness without allowing personal beliefs, prejudices, or influences to affect judgment or decisions. In the context of the justice system, ensuring unbiased proceedings is essential for upholding the principles of fairness and equity.
Verdict
The “Verdict” is the formal decision made by a judge or jury regarding whether the accused is guilty or not guilty of the charges against them. This conclusion marks the culmination of a trial, determining the legal outcome for the accused based on the evidence and law.
Victim / Victim of Crime
A “Victim” of crime is an individual who has suffered harm, either directly or indirectly, as a result of criminal activity. This harm can be physical, financial, or emotional, and victims’ rights and well-being are a central concern of the criminal justice process.
Victim Impact Statement
A “Victim Impact Statement” is a written account provided by victims detailing the effects of the crime on their lives. These statements are considered during sentencing to ensure that the consequences of the crime on the victims are acknowledged and addressed by the court.
Violent Offence
A “Violent Offence” involves acts of violence that threaten or cause physical harm to others. Such offences are treated with particular seriousness in the criminal justice system due to their impact on victims and society.
Vocational
“Vocational” refers to education, training, and qualifications that are specifically related to preparing individuals for employment in various trades or professions. Vocational programs focus on practical skills and career readiness.
Warrant
A “Warrant” is a legal document issued by a judge or magistrate that authorizes the police or another body to perform a particular action, such as making an arrest, conducting a search, or seizing property.
Witness / Witnesses
A “Witness” is someone who has firsthand knowledge about a crime or significant event and provides testimony or evidence in court. Witnesses are crucial for the establishment of facts and the administration of justice.
Witness Notifier
The “Witness Notifier” is responsible for managing and communicating with the list of witnesses required to attend court hearings. This role involves providing witnesses with necessary information and support related to
You’re not guilty unless a judge says you are, not the police or the crown attorney.
