Chapter 8 Flashcards
Appearance Notice
A legal document, usually for less serious offences, compelling an accused person to appear in court.
Used for summary conviction offences. Minor indictable offences. The accused has not been brought into custody yet (has not been arrested)
Arrest
Legally depriving someone of liberty by seizing or touching the person to indicate that he or she is in custody.
Arrest Warrant
A written court order directing the arrest of a suspect . Police need to “lay an information”
Bail
The temporary release of an accused person who posts money or some other security
Bench Warrant
An arrest warrant issued directly by the judge when an accused person fails to appear in court
Detention
Legally depriving a person of liberty for the purpose of asking questions, with or without physical restraint
Information
A statement given under oath, informing the court of details of the offence
Line-up
A grouping of people shown to a victim or a witness for the purpose of identifying the perpetrator
Peace Officer
A person responsible for preserving the public peace, such as a police officer, a mayor, or a customs officer
Promise to Appear
A signed agreement that an accused person will appear in court at the time of the trial. It occurs after the accused is in custody (has been arrested)
Reasonable Grounds
Information that would lead to a reasonable person to conclude that the suspect had committed a criminal offence
Recognizance
A guarantee that the accused will appear in court when required, under penalty of a fine up to $500. Acts as an incentive for the accused person to show up in court
Reverse Onus
The burden of proof shifts to the defence. When the defence has to show cause why bail should be granted
Search Warrant
A court document that gives the police the right to search a specific location. Must deliver a sworn ‘information’ to a judge to get a warrant
Show-case hearing
A judicial hearing in which the Crown or accused has to convoke the judge either to detain or release the accused before trial
