Chapter 8 Vocab Flashcards
Appearance Notice
It is a legal document, usually given out for less serious offences such as summary conviction offences and minor indictable offences, requiring the accused person to come to court to face trial on a specific date. The accused must sign the appearance notice and be given a copy.
Arrest
It is legally depriving someone of liberty by seizing or touching the person to convey that he or she is in custody. In order for the arrest to be lawful, the arresting officer must abide by some important procedures. He or she must identify himself or herself as a police officer, inform the person charged that he or she is under arrest, inform the accused promptly of the charge and show the arrest warrant if one has been obtained, and touch the accused to show that he or she is in legal custody. After the accused is in police custody, the police must inform the accused of the right to counsel.
Arrest Warrant
This is an order written by the court, directing the arrest of the suspect. The warrant contains the accused’s name, the offence the person is charged with, and the reason for the warrant. It is used particularly if police believe that someone will not appear in court.
Bail
It is the financial or other form of security to guarantee that the accused will return to court when required so the person can be released from jail until the trial or conviction. A bail hearing must be conducted within 24 hours after the initial arrest, or, if a magistrate is not available, soon after.
Bench Warrant
It is an arrest warrant issued by the judge directly when the defendant does not appear in court as required by the appearance notice. In this circumstance, the defendant will be arrested for the original offence as well as with “failure to appear,” resulting in the accused likely not being released from custody before the court date.
Detention
This is legally depriving someone of liberty for the purpose of asking questions, with or without physical restraint. People who are detained by police officers must be informed of the reasons behind their detention and of their right to retain counsel.
Information
This is a statement given under oath, informing the court of the details of the crime. After the police “lay an information,” the judge or justice decides if it is in the public interest to issue a warrant for the person’s arrest.
Line-Up
This is a grouping of people shown to a victim or a witness with the objective of identifying the perpetrator of the crime. Depending on the circumstances of the case and the advice of the lawyer, the defendant can have the choice of whether to participate in the line-up or not. Police cannot force an arrested person to participate in a line-up. However, co-operating with the police at times can sometimes help the defendant’s case.
Peace Officer
It is a person tasked with keeping the public peace. A peace officer can be a police officer, mayor, customs officer, prison guard, aircraft pilot and fisheries officer.
Reasonable Grounds
This is information that would lead a reasonable person to believe that the suspect had perpetrated an illegal action.
Recognizance
It is a pledge that the defendant will come to court when required. If the defendant does not appear the accused with pay a penalty of up to $500. Unless the accused is from another province or resides more than 200 km away, a deposit is not usually needed.
Reverse Onus
It is where for certain offences the crown does not need to prove why the individual should be kept in custody. Instead, it is the defence who is responsible for explaining why the accused should be released. This takes place when the charge is murder, the accused is charged with an indictable offence while on bail, the accused has been charged with an indictable offence and he or she is not a Canadian resident, the charge is a failure to appear or breach of bail conditions, or the charge is a drug trafficking offence.
Search Warrant
This a court document that allows the police to search a particular location. One must give a sworn information to a judge to get a warrant. Police may take possession of items not listed in the search warrant, as long as these items are connected to the crime and in plain view.
Show-cause hearing
It is a judicial hearing before a judge to determine if there is any reason why the judge should not grant the accused bail. The Crown or the accused must persuade the judge either to respectively detain or release the accused before the trial. “Cause” consists of reason to anticipate that the accused may flee, concern that the accused’s release may pose a threat to the safety and protection of the public, or any other just cause. If the Crown is successful in showing cause, a detention order will be issued to keep the accused in prison.
Summons
A summons is a legal document issued for a serious indictable offence and orders the accused to appear in court on a specific date. It is issued by a sheriff or deputy when it is believed the accused will show up voluntarily. If police believe that an accused won’t show up voluntarily, they proceed to “lay an information” to have an arrest warrant issued.
