ep8 Flashcards
What are the three types of offenses?
summary conviction, indictable, hybrid
What is a summary conviction
A less serious criminal offense resolved in a provincial court, often has a default maximum penalty of a fine (not to exceed $5,000) or six
months in a provincial correctional facility, or both
What is an indictable offense?
A more serious criminal offense, carries longer prison sentences eg murder
What is a hybrid offense?
Offenses that can be proceeded summarily or by indictment, a decision that is always made by the Crown
What are the three categories of indictable offenses?
Offenses under the absolute jurisdiction of provincial courts, offenses under the absolute jurisdiction of superior courts, and electable offenses
What is an electable offense?
The right of the accused to
choose the mode of trial they want from
Trial by a provincial or territorial court judge, Trial by a superior court judge sitting alone, trial by a superior court judge and a jury
What is a preliminary hearing?
A hearing to determine whether there is sufficient evidence
to warrant a criminal trial
What is preferring the indictment?
When the provincial attorney general skips the preliminary hearing and goes straight to trial
What are legal rights?
The rights of every citizen
What is an appearance notice?
sets out the details of the allegation against the accused
person, to appear in court
What is a summons?
briefly states the allegation and
directs the person to appear in
court on a certain day
What are the 4 conditions of bail?
Judge’s decision, young offenders living with a guarantor, statuary condition(bail), house arrest.
What is remand?
accused individuals who have
been charged and detained in custody
What is a security certificate?
Certificates issued against non-citizens who pose a threat to national security
What is plea bargaining?
discussions between the Crown prosecutor and the defense surrounding the charge(s)
facing the accused
