Department of Justice
www.justice.gc.ca
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A Crime Victim's Guide to the Criminal Justice System
Glossary of Legal Terms
- accused person:
- a person charged with a criminal offence
- acquittal:
- a finding of not guilty
- alternative measures:
- a process that allows an accused person to take responsibility for his or her actions without having to go to criminal court
- appeal:
- to ask a higher court to change a lower court's decision
- appearance notice:
- a legal document that states that the person is charged with an offence and must appear in court on the date named in the notice
- arrest:
- where the police take a person into their custody for the purpose of charging them with a criminal offence
- Attorney General:
- the member of government who is responsible for prosecuting those who break the criminal law
- bail hearing:
- a hearing held by a judge to decide if a person should be released from jail before a trial
- complainant:
- the victim of an alleged offence
- conditional release:
- programs such as day parole, full parole and statutory release that provide an offender with a period of supervised transition from prison to the community
- contempt of court:
- to willfully disobey a court order or interfere with the administration of justice
- conviction:
- when a person is found guilty of an offence and receives a sentence other than a discharge
- Crown Prosecutor:
- a government lawyer who conducts criminal cases, sometimes called a Crown Attorney
- defence:
- a denial or answer to a charge against an accused person
- defence lawyer:
- a lawyer who represents an accused person
- defendant:
- an accused person in a criminal case
- dual offences:
- offences that may be prosecuted either summarily or by indictment, at the discretion of the prosecutor; also referred to as “elective” or “hybrid” offences
- election:
- an accused person's choice of trial — that is, by a provincial court judge, by a superior court judge alone or by a superior court judge and a jury
- hearing:
- a proceeding where witnesses are heard and evidence is presented
- indictable offence
- — a more serious offence. The maximum penalties for indictable offences are greater than those for a summary offence. The court procedures are also different.
- information:
- a written accusation against a person charged with a criminal offence
- leave to appeal:
- permission or authorization to appeal
- parole:
- a discretionary type of conditional release that allows an offender to serve some of their sentence out of prison under supervision
- preliminary hearing:
- a hearing by a judge to determine whether there is sufficient evidence to hold an accused person for trial
- probation:
- a sentence that allows an offender to be released into the community under the supervision of a probation officer
- promise to appear:
- a legal document signed by the accused person in which the person promises to appear in court on a named date
- prosecute:
- to lay a charge in a criminal matter and to prepare and conduct legal proceedings against a person accused of a crime
- restitution:
- an order requiring an offender to repay a victim as part of their sentence
- sentence:
- a formal judgment imposing a punishment upon conviction for a criminal offence
- subpoena:
- a court order requiring a witness to appear in court to give testimony
- summary conviction offence
- — an offence where the usual maximum penalty is $2,000 fine or six months in prison, or both.
- summons:
- a legal document ordering an accused person to appear in court
- warrant:
- a court order authorizing the police to arrest a person or to search a place
- young offender:
- a young person at least 12 years of age but under 18 that is charged and convicted of a criminal offence
- youth court:
- the court that deals with criminal charges against young offenders
