Chapter 7: Bringing the Accused to Trial

Question 1

arrest

Answer 1

to legally detain a person and charge him or her with a criminal offence

Question 2

appearance notice

Answer 2

a legal document detailing what criminal offence the accused is charged with and the court date the accused must attend

Question 3

information

Answer 3

a written complaint, made under oath, stating that there is reason to believe that a person has committed a criminal offence

Question 4

custody

Answer 4

in criminal law, actual imprisonment or physical detention, categorized as closed, open, and secure custody; in family law, the care and control of a child awarded by the court, as in divorce proceeding; categorized as sole, joint, joint physical, joint legal, and interim custody

Question 5

summons

Answer 5

an order to appear in criminal court

Question 6

sheriff

Answer 6

a Crown-appointed official who acts as part of the justice administration system

Question 7

warrant for arrest

Answer 7

a legal document issued by a judge to order the arrest of the accused, and naming or describing the accused as well as listing the alleged offences

Question 8

duty counsel

Answer 8

lawyer on duty at the court or a police station to give legal advice to those arrested or brought before the court

Question 9

search

Answer 9

to look for evidence that may be used in court

Question 10

line-up

Answer 10

a group of people who are lined up by the police so that the witness to a crime may say which person committed the crime

Question 11

polygraph test (not admissible as evidence in court)

Answer 11

a process in which a person is asked questions and a lie detector machine measures the person’s changes in blood pressure, perspiration, and pulse rate to indicate if he or she is telling the truth

Question 12

search warrant

Answer 12

a legal document issued by a judge authorizing the police to search a specific location at a specific time and for a specific reason

Question 13

reverse onus

Answer 13

the responsibility of proving is placed on the defence rather than the Crown (ex. in bail hearing involving a serious criminal charge, the accused must show why he or she should be released from custody)

Question 14

undertaking

Answer 14

a court document that the accused signs to swear that he or she will attend a specified court date and meet any conditions of release laid down by the judge

Question 15

recognizance

Answer 15

a legal document that the accused must sign, in which he or she acknowledges the charge laid and promises to appear at a specified court date; sometimes accompanied by a payment to the court

Question 16

disclosure

Answer 16

in criminal cases, a stage in proceedings for a trial by jury in which the Crown attorney and the defence must meet to reveal all evidence; after which, charges would be dropped if the defence proves that the Crown has no case

Question 17

forensic science

Answer 17

the application of biochemical and other scientific techniques (ex. human tissue or fibre analysis) to criminal investigations

Question 18

adjournment

Answer 18

a postponement of court business

Question 19

remand

Answer 19

a return to custody (ex. while awaiting trial or sentencing)

Question 20

preliminary hearing

Answer 20

hearing held to determine if there is sufficient evidence to justify a trial

Question 21

plea negotiation

Answer 21

a process in which the Crown and the accused (with his or her defence) attempt to make a deal, usually resulting in a guilty plea to a lesser charge than the original charge, thus a lesser penalty