Chapter 7: Bringing the Accused to Trial Flashcards
arrest
to legally detain a person and charge him or her with a criminal offence
appearance notice
a legal document detailing what criminal offence the accused is charged with and the court date the accused must attend
information
a written complaint, made under oath, stating that there is reason to believe that a person has committed a criminal offence
custody
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
summons
an order to appear in criminal court
sheriff
a Crown-appointed official who acts as part of the justice administration system
warrant for arrest
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
duty counsel
lawyer on duty at the court or a police station to give legal advice to those arrested or brought before the court
search
to look for evidence that may be used in court
line-up
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
polygraph test (not admissible as evidence in court)
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
search warrant
a legal document issued by a judge authorizing the police to search a specific location at a specific time and for a specific reason
reverse onus
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)
undertaking
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
recognizance
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
disclosure
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
forensic science
the application of biochemical and other scientific techniques (ex. human tissue or fibre analysis) to criminal investigations
adjournment
a postponement of court business
remand
a return to custody (ex. while awaiting trial or sentencing)
preliminary hearing
hearing held to determine if there is sufficient evidence to justify a trial
plea negotiation
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
