Absolute Discharge: The lowest level adult sentence. It is a finding of guilt, but there is no fine or penalty. An absolute discharge could show up on some types of criminal records checks for one year after sentence.

Accused: Someone who has been charged with a criminal offence. Also referred to as the defendant.

Acquittal: When the court finds the accused not guilty of committing an offence.

Act: A law that has been passed by the federal or provincial legislature. Also called legislation or statute.

Actus Reus: The action, conduct or inaction required in the commission of the criminal offence.

Admissible Evidence: Evidence that may be received in court to aid the judge or jury in deciding the case. Generally, evidence must be both relevant and material to be admissible, as well as not barred by any specific rule. In addition, the inclusion of the evidence should not be significantly unfair or prejudicial to a party.

Affidavit: A legal document that contains facts that a person swears or affirms to be true. A lawyer, notary public, or commissioner for affidavits must witness the person’s signature and sign it.

Alternative Measures: For a less serious offence, police or Crown might offer an alternative to going to trial. The accused may be given an opportunity to accept personal responsibility for their behaviour by agreeing to make amends to the victim and the community – e.g., by making an apology and / or paying compensation for the loss or damage, or by agreeing to go to drug treatment court or other rehabilitative classes. Also called diversion.

Appeal: When either the accused, or defence counsel (lawyer) on their behalf, or Crown counsel ask a higher court to review the decision of a lower court because they believe there has been a serious error.

Application: A request to the Court to decide on a matter relevant to the case. See, for example, the section on pre-trial applications.

Arraignment: At the beginning of a trial the accused is identified in court and the charges are read out by the clerk. Then the accused is asked how they will plead (guilty or not guilty); what mode of trial they elect (jury or judge alone).

Bail Hearing: A court hearing, usually after arrest, where a judge decides if an accused will be released from custody while awaiting their trial or appeal.

Bail: A court order (a “Release Order”) releasing an accused from custody while they are awaiting trial or appeal and requiring them to obey certain conditions (rules) and return to court on a specific date. In some cases, bail orders may require a money deposit or a bail surety. See Surety.

Bail Review: A application and hearing before the Superior Court asking a judge to review a person’s detention order or bail conditions.

Bench Warrant: A type of arrest warrant issued by a judge authorizing the police to arrest a person who has failed to appear in criminal court.

Beyond a Reasonable Doubt: The legal standard of proof in criminal law. The Crown must prove all essential elements of the offence beyond a reasonable doubt. A reasonable doubt is a doubt based on reason and common sense. It is a doubt that logically arises from the evidence or the lack of evidence. It is not enough for the trial judge or the jury to believe that you are probably or likely guilty. Beyond a reasonable doubt is close to, but not as high of a standard as absolute certainty.

Burden of Proof: The party who must prove something has the “burden of proof”. In criminal trials, it is the Crown that has the burden of proving the offence(s) beyond a reasonable doubt.

Case Law: Written decisions of courts relating to a particular matter or issue. Case law from the same level of court or other jurisdictions may be persuasive, but the court does not have to follow it. Case law from a higher court (such as the Court of Appeal for Ontario or the Supreme Court of Canada) is binding on the lower court.

Charge: The specific criminal offence(s) a person is accused of committing. If a person is charged, it means they have been formally accused by the Crown of committing a crime.

Closing Arguments: Submissions made at the end of a trial, by the Crown and the accused, that summarize the main points of evidence and law and suggest what decision the court should make.

Complainant: Any person who is the subject of the alleged harm caused by the criminal conduct. See Victim.

Conditional Discharge: A type of sentence that involved a finding of guilt and a probation order that carries certain conditions. After the probation period is over, if you’ve met all the conditions, the discharge becomes complete. A conditional discharge may show up on some forms of criminal records checks for three years after the completion of probation.

Court Order: A legally binding direction by the Court to do something. There are serious legal consequences for disobeying a court order.

Court Reporter: A trained professional who creates an official record of things said during court proceedings.

Criminal Record: A list of a person’s convictions (sometimes other criminal findings) in the criminal justice system. Criminal Records are kept in central computer systems which most police agencies across Canada can access.

Criminal Rules of Proceedings: Rules that govern the criminal practice and procedure of the Court. They provide guidelines for each step in the prosecution of an alleged offence and set time limits for when certain steps must be completed.

Cross-Examination: The questioning of the other party’s witnesses after they have given their evidence in direct examination (or examination in chief). The purpose of cross-examination is to test the witnesses’ truthfulness or reliability and point out weaknesses in their evidence. Questions in cross-examination are allowed to be leading, that is, to suggest a certain answer.

Crown Counsel / Prosecutor: Lawyers who prosecute criminal offences on behalf of the state. Crown counsel act on behalf of all members of the public and do not represent victims specifically.

Defence Counsel: The lawyer representing the person charged with an offence.

Detention Order: The court order holding an accused in custody after having been denied bail, until the conclusion of the trial or appeal, unless later released on a bail review. A detention order may also contain conditions not to contact the victim, witnesses, or other named persons.

Direct Examination: The questioning of a witness in court by the person who called the witness to court. The questions must be open ended and must not suggest a specific answer. Direct examination is also called examination in chief.

Disclosure: The documents and evidence relevant to a criminal case that is in the possession of the Crown. The Crown must provide this information to the accused so they can fully defend themself against the charges.

Diversion: See Alternative Measures.

Duty Counsel: Defence lawyers paid by Legal Aid, who may help unrepresented persons, generally at courthouses or places of detention, in providing brief, summary services. Duty counsel provide free legal advice for a specific court appearance, but do not take on your whole case or represent you at trial.

Election: For most indictable offences (with some exceptions), the accused is entitled to choose how to be tried: by a Provincial Court judge without a jury; or by a superior court judge without a jury; or by a superior court judge with a jury. After the accused elects their mode of trial, they may re-elect (i.e., change to a different mode of trial) but only with the consent of the Crown. Some other legal restrictions set out in the Criminal Code may also apply.

Essential Elements of the Offence: Each offence in the Criminal Code may be broken down into "elements" that comprise the offence. Each element must be proven beyond a reasonable doubt before the accused is found guilty of the offence.

Evidence: Oral or written statements under oath or affirmation by a witness, or "real" evidence, such as documents or objects (which become exhibits), presented to the court by agreement of all parties, and the judge, or under evidentiary rules, to prove facts.

Exhibit: A document or object admitted as evidence in court.

Expert: A witness who gives evidence to help the court understand technical and scientific issues. He or she may give opinions in areas that would not normally be within the judge’s knowledge. The expert must be accepted by the court to possess the necessary skill and qualifications in the area in which their opinion is sought. An expert can give evidence in person, and / or by writing a report called an expert report.

Facts: Something that can be shown to be true, to exist, or to have happened. In a legal case it is based on or related to the evidence presented.

Final / Closing Arguments or Submissions: At the end of the trial, you will present your argument to the court. It is a summary of your position based upon the evidence that has been presented to the court about the decision that the court should make.

First Appearance: Describes the first time the accused is required to come to court.

Guilty: A finding made by a judge after a guilty plea or after trial by either judge alone or jury where all the essential elements of the offence have been proven beyond a reasonable doubt.

Hearing: A proceeding before a judge to determine questions of law and / or questions of fact, whether the hearing of an application or the hearing of a trial.

Hearsay: Testimony by a witness based on what others have said or observed rather than what the witness personally heard or observed. Generally, hearsay evidence is not admissible during a trial, however, there are a number of exceptions to hearsay being inadmissible.

Hybrid Offence: An offence where the Crown can choose to either proceed summarily or by indictment. The Crown’s decision will be based on the seriousness of the circumstances, when the offence occurred, whether the accused has been previously convicted of a similar offence and the likely sentence to be incurred.

Indictable Offences: A category of criminal offences that are usually more serious crimes and carry greater maximum sentences than summary conviction offences. Because these offences may have a more significant consequence to the accused if convicted, the accused has a choice about what level of court will hear the trial. The accused can usually choose to have the trial held in provincial court before a provincial court judge, or a superior court judge alone, or by a superior court judge with a jury.

Indictment: An indictment is the document used in a superior court that sets out the charges. Information: An information is the document used in the provincial court that sets out the charges.

Innocent Until Proven Guilty: This is the rule that a person accused of a crime is innocent until the judge or the jury decides that the evidence presented by the Crown at the trial proves, beyond a reasonable doubt, that he or she committed the crime.

Intermittent Sentence: An intermittent sentence allows the offender to serve his or her jail sentence in intervals (for example on weekends).

Issues: Factual or legal matters in dispute between the Crown and the accused in a criminal case.

Judicial Interim Release: See Bail.

Jurisdiction: The court’s r authority over people, geographical areas, or subject matter.

Leading Question: A question that prompts or encourages a desired answer. Usually allowed in cross examination but not allowed in direct examination (or examination in chief).

Leave of the Court: The court’s permission to proceed with certain types of applications or appeals or to proceed in a certain way.

Legal Advice: Advice from a lawyer about the law as it applies to a particular case. It usually includes information about whether, why and how a party should do something.

Legal Aid: Free legal information, advice and representation for people who cannot afford a lawyer and who qualify for the services.

Material Fact: A fact that is important to proving your case.

Mens Rea: The mental element of an offence. The intent to commit a criminal act or knowledge that one’s actions (or inaction) would cause a crime to be committed.

Motion: A request for Court to decide on a matter relevant to the case. See Application.

Not Guilty: A plea made by an accused person. This plea signals the burden on the Crown to prove the accused’s guilt beyond a reasonable doubt. “Not Guilty” can also be the finding of a judge or jury following a trial in which Crown was unable to prove the accused’s guilt beyond a reasonable doubt.

Objection: A statement made by a party during a hearing or trial for the purpose of challenging any specific evidence sought to be introduced. Common objections during trial include when a party inappropriately asks leading questions, when a party asks multiple questions at once, when a party asks vague or confusing questions, when a witness gives inadmissible hearsay evidence or opinion evidence, and when a party tries to introduce privileged information as evidence. The judge determines whether the objection succeeds and may suggest a different form of question.

Offence: A crime included in the Criminal Code or other criminal laws (that results in a penalty.

Onus: An obligation on a party to prove something.

Open or Open-ended Questions: Questions that should be used in direct examinations that cannot be answered with a simple yes or no. They usually begin with who, what, where, why, and how.

Order: A ruling made by a judge that tells a party to do something or not do something. It can also be the document that sets out the decision of the judge.

Peace Bond: An order made by a judge in criminal court that requires a person to “keep the peace and be of good behaviour” and abide by certain conditions The conditions usually include that the person have no contact, direct or indirect, with the other person, and that they stay a certain distance from that person’s residence, place of work, etc.

Plea: The legal statement an accused person makes to the court when asked if they plead guilty or not guilty to the offence charged.

Precedent: An earlier decision of a higher court that sets out a principle or rule that should generally be followed in subsequent similar cases.

Preliminary Hearing / Inquiry: A preliminary hearing is a court proceeding that may be held before the trial to determine if there is enough evidence on the charges to proceed with a trial. If there is a preliminary hearing, it is held in provincial court.

Promise to Appear: The accused may be released by a police officer after promising to appear in court on a specific date. The document signed by the accused is called a "Promise to Appear".

Publication Ban: An order the Court makes that prevents anyone from publishing, broadcasting, or sending any information about the matter described in the publication ban. Often, this is information that could identify a victim, witness, or other person who participates in the criminal justice system.

Prosecution: When a person is charged with an offence and legal proceedings are pursued against them.

Re-Examination: Questions asked by the party or counsel who called the witness, after cross-examination by the other party or counsel. Re-examination happens if the cross-examination has brought out new facts, or if something raised for the first time in cross-examination was unclear.

Retainer: An agreement with a lawyer for legal work is called a “retainer”. Sometimes it also refers to the amount of money required to pay a lawyer for their services. A written retainer letter sets out the work that the lawyer has agreed to do, what the lawyer will not do, and how the lawyer’s pay will be calculated. The retainer agreement sets out the scope of your lawyer’s involvement in the file.

Reverse Onus: For certain offences in bail hearings, the responsibility is on the accused, rather than the Crown, to "show cause" why they should not be detained.

Rowbotham Application: If you are facing serious and complex criminal charges and you have been denied legal aid but cannot afford a lawyer, you can make a Rowbotham Application to the court. If you are successful, a lawyer will be appointed to you by the government.

Search Warrant: A court order authorizing entry to somebody’s property to look for, and seize, evidence related to an offence.

Sentence: A sentence is the penalty or punishment, pronounced by the Court after the accused has pleaded guilty or been found guilty of an offence.

Show Cause: See bail hearing.

Statute: See Act.

Stay of Proceedings: A stay of proceedings might be directed by Crown or the Court. If requested by the Crown, the prosecution process is suspended for up to one year. If the Crown does not recommence the prosecution within one year, the criminal process is terminated. If ordered by the Court, the prosecution is suspended until further notice.

Subpoena: A subpoena (pronounced sub-pena) is an official court document, which orders a witness to come to Court to give evidence and to bring relevant documents, and that failure to do so could lead to arrest.

Summary Conviction Offences: These offences are usually less serious than indictable offences and are prosecuted before the Ontario Court of Justice.

Summons: An official notice telling an accused person they must appear in court at a specific time and place to give evidence. A summons is also used to require potential jurors to appear in court on a specific date and time for jury selection.

Surety: The person who supervises an accused who has been released on bail. They are responsible for ensuring that the accused will attend court as required and will obey all conditions of their bail until their trial. Depending on the terms under which a surety is accepted, the surety may be at risk of losing significant assets if the accused does not abide by his or her bail conditions or fails to attend Court.

Testify: To give evidence or say something in the witness stand under oath / affirmation in a court.

Trial: A court proceeding where the Crown presents its evidence against the accused person, and the accused person may present evidence in their defence (or may elect not to). The judge or jury then determines if, based on the facts and law, the accused person is guilty or not guilty of committing the offence charged.

Verdict: The decision the judge or jury makes about whether an accused committed the offence(s) with which they were charged. The verdict can be either guilty or not guilty. A jury’s verdict must be unanimous.

Victim: The victim is an individual who suffered physical or mental injury, or economic loss as a result of an offence. See Complainant.

Voir Dire: A hearing held (before or within a trial), without the presence of the jury in jury trials, to determine a legal issue relating to the trial. For example, a voir dire may be used to decide whether certain aspects of an expert witness’ testimony will be allowed, or whether a statement the accused person made to the police was voluntary and admissible in evidence.

Warrant for Arrest: A judicial order that gives the police the power to arrest the person named in the warrant, so that person can be brought to court.

Witness: A person who gives evidence in a court proceeding orally under oath or affirmation, or by affidavit. Witnesses are persons who testify in court because they have some information about the case. A witness may volunteer to testify or may receive a subpoena (a legal document which orders him / her to come to court at a certain time to testify).

Young Person: Under the Youth Criminal Justice Act a youth charged with an offence allegedly committed when they were 12 years old or older, but younger than 18, is called a “young person”. The charge and prosecution are governed by this Act, as well as the Criminal Code (or other statute that the charge is under), and there are special considerations and procedures to take account of the young age of the person.