Chapter 3 Flashcards
What is an affidavit?
A legal document containing facts that a person swears or affirms to be true
A commissioner for affidavits must witness the person’s signature and sign the affidavit. Affidavits are sometimes used to provide evidence in court.
What is a bail hearing?
A hearing where a judge or justice of the peace decides if an accused can be released from custody while awaiting trial or appeal
Sometimes called a show cause hearing or judicial interim release hearing.
What is bail?
A court order releasing the accused from custody while awaiting trial or appeal, requiring them to obey certain conditions
Bail orders may require a money deposit or a bail surety.
What is a bench warrant?
A type of arrest warrant issued by a judge or justice of the peace for failing to appear in court
Authorizes the police to arrest the person.
What does disclosure refer to in a criminal case?
Documents and evidence relevant to a criminal case used during trial
Includes a synopsis of the Crown’s case, witness statements, police notes, and forensic reports.
What is a hearing in the context of criminal law?
A proceeding before a judge or justice of the peace to discuss parts of a criminal case
Includes bail hearings, case management hearings, judicial pre-trials, preliminary inquiries, and trials.
What is an information in legal terms?
The official court document stating the name of the accused, the charge, and the date and place of the alleged offence.
Who is a justice of the peace?
An impartial judicial officer responsible for presiding in bail court and case management court
In Ontario, justices of the peace should be addressed as ‘Your Worship’.
What is a peace bond?
An order requiring a person to abide by specific conditions, including keeping the peace and being of good behaviour
Conditions may include no contact with named persons and possession restrictions.
What is a plea?
A legal statement made by the accused regarding their guilt or innocence to the charges before the court.
What is a publication ban?
A court order preventing the public from publishing or broadcasting information about a matter
Often relates to information that could identify a victim or witness.
What is a search warrant?
A court order authorizing law enforcement to search a person’s property, location, or vehicle for evidence of a crime.
What is a surety?
A person who supervises an accused released on bail, responsible for ensuring attendance in court and compliance with bail conditions
A surety promises a certain amount of money if the accused fails to comply.
What is Form 10 - Undertaking?
A document issued by the police compelling an accused to appear in court at a specific time and place
May contain other conditions.
