Legal Terms: Chapter Nine - Criminal Law Flashcards
Crown Attorney
A lawyer, also known as a Crown prosecutor, who is an agent of the attorney general and who represents the Crown in court, particularly in criminal manners.
Quasi-criminal offences
Less serious offences such as pollution or traffic offences that do not fall under the federal criminal law power—they may be passed by all levels of government but are frequently created under provincial legislation.
Summary Conviction Offence
The least serious type of offence in the Criminal Code (for example: trespassing or disturbing the peace), tried only in provincial court and subject to the lightest sentences.
Limitation Period
The period in which a legal action must be taken or the ability to do so is lost.
Indictable Offence
The most serious type of offence in the Criminal Code (murder) carrying the most serious consequences.
Superior Court of Criminal Jurisdiction
The Highest court in each province and territory to hear criminal matters, sometimes with a jury, its designation varying by province and territory.
Hybrid Offence
A dual procedure offence, meaning that the Crown attorney has the option of choosing whether to prosecute it as a summary conviction offence or as an indictable offence.
Arrest
Detaining or holding a person by legal authority
Duty of Disclosure
The Crown’s mandatory disclosure to the accused, before the trial, of the evidence against him.
Search Warrant
A warrant, issued by a justice of the peace or a provincial court judge, authorizing police to conduct a search.
Appearance Notice
A document given to a person, usually at the scene of the crime, requiring that person to come to court on a certain date and time to answer to a charge.
Summons
A document served personally on an accused person requiring her to be in court at a certain date and time.
Judicial Interim Release
Formal name for bail; the release of an accused prior to her trial.
Undertaking
Clear statement of intention by one person, usually a lawyer, that is reasonably relied on by another, amounting to a solemn promise that must be kept or the person who has given the undertaking will be liable for misconduct.
Plead
To answer to a criminal charge in ways permitted by the Criminal Code
Plea Bargain
Agreement between the Crown and the defence on how the accused will plead in court and on the sentence he will receive.
Preliminary Inquiry
Hearing before a provincial court judge to determine whether the crown has sufficient evidence for the accused to stand trial for the offence.
Information
Written document, used in provincial court, describing the offences with which the accused is charged.
Indictment
Written document, used in superior court, describing the offences with which the accused is charged.
Arraignment
Procedure by which the charge is read to the accused in open court and the accused is asked how she wishes to plead
Conviction
A judge or jury’s finding an accused person guilty of an offence
Verdict
The finding of a jury on the matter before it - for example: whether the accused is guilty or not guilty
Sentence
The punishment the judge imposes on a person convicted of a criminal offence
Aggravating Circumstances
A factor in the case that causes the judge to impose a harsher sentence on the convicted person than she would otherwise.
Mitigating Circumstances
A factor in the case that causes the judge to impose a milder sentence on the convicted person than he would otherwise
Pre-Sentence Report
A report prepared by a probation officer that provides information about the background and character of the offender to assist a judge in sentencing
