Definitions and glossary of criminal terms

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Absolute discharge

A finding of guilt is made but there is no fine or penalty. An absolute discharge does not result in a criminal record.

Accused

The person who has been charged with committing an offence. This person is also referred to as the defendant.

Acquittal

A judgment from the court resulting from a finding of not guilty. Following an acquittal, the accused is free to go without restrictions.

Act

A law that has been passed by the federal or provincial government. This is also referred to as a statute or legislation.

Actus reus

The action, conduct or inaction relating to the crime. This is the physical element of a criminal act. This is a necessary element of finding an accused guilty, along with mens rea.

Adjournment

A postponing of the court session. This could occur for many different reasons including getting more time to obtain disclosure, being able to present new information, a personal emergency or the unavailability of a witness. The presiding justice decides whether an adjournment is granted.

Admissible evidence

Evidence that may be presented for the presiding judge to consider in deciding the case. This evidence must be relevant and not barred by any specific rules or laws.

Affidavit

A legal document containing facts that a person swears or affirms to be true. A commissioner for affidavits must witness the person’s signature and sign the affidavit. Affidavits are sometimes used to provide evidence in court.

Alternative measures

Also called diversion, or “direct accountability”, this applies to less serious offences and is an alternative to going to trial. The Crown can offer the accused an opportunity to accept responsibility for the crime while making amends to the community through certain conditions that are set by the diversion office. This can include a formal apology, compensatory payments, agreeing to go to drug treatment court or attending personal wellness classes.

Appeal

When either the Crown or the accused asks a higher court to review the decision of a lower court due to a serious error of law or fact. Depending on the type of appeal and crime, an appeal can be heard by the Superior Court of Justice, the Ontario Court of Appeal or the Supreme Court of Canada.

Appearance notice

Similar to a summons, this document compels an accused to appear in court at a specific time and place.

Application

Sometimes referred to as a motion, this is a request to a court to decide on a matter. Examples include an application for an adjournment and an application to exclude evidence obtained as a result of a breach of the accused’s rights under the Canadian Charter of Rights and Freedoms.

Arraignment

This occurs at the beginning of a trial, when the court clerk reads the charge(s) and asks the accused if they plead guilty or not guilty.

Arrest warrant

A court order that gives the police the ability to arrest the person named on the order.

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Bail hearing

Sometimes called a show cause hearing or judicial interim release hearing, this is a hearing where a judge or justice of the peace decides if an accused can be released from custody while awaiting their trial or appeal.

Bail

A court order, referred to as a “release order”, releasing the accused from custody while they are awaiting trial or appeal, and requiring them to obey certain conditions while in the community. In some cases, bail orders may require a money deposit or a bail surety.

Bench warrant

A type of arrest warrant issued by a judge or justice of the peace authorizing the police to arrest a person who has failed to appear for criminal court.

Bench warrant with discretion

A type of bench warrant that the police cannot execute before a specific date, meaning that the police are not authorized to arrest the person before that date. The person’s court matter may also be adjourned to that date, to allow an accused person a chance to appear in court. If the person appears before the court at that time, the warrant is cancelled. This type of arrest warrant is also referred to as a Discretionary bench warrant.

Beyond a reasonable doubt

The legal standard of proof required to support a finding of guilt. In a criminal case, the Crown must prove all the elements of the offence beyond a reasonable doubt. Proving something beyond a reasonable doubt is much closer to absolute certainty than being able to prove something on a balance of probabilities.

Burden of proof

The party who must prove something in a criminal case has the burden of proof. In a criminal trial, the Crown has the burden of proving that the accused committed the essential elements of the offence.

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Case law

Previous court decisions used to assist with the party’s arguments. Case law from the same level of court or other jurisdictions may be persuasive, but the court does not have to follow it. Case law from a higher appeal court is binding on the lower court.

Charge

The specific criminal offence(s) a person is accused of committing.

Closing arguments

The submissions made at the end of a trial, by the Crown and by the accused, that summarize the party’s main points and suggest what decision the court should make. If the accused has a lawyer, the lawyer will make these arguments.

Committal

After a preliminary inquiry, the judge will issue a committal if they believe there is evidence upon which a reasonable jury could return a verdict of guilty. This means the accused will be ordered to stand trial.

Complainant

Often referred to as the victim, this is a person who is alleged to have been harmed as a result of the accused’s alleged criminal conduct.

Conditional discharge

A type of sentence that involves a finding of guilt and the imposition of a probation order but is not considered a “conviction”. The probation order includes conditions and can remain in effect for up to three years.

Court docket

A list of all the cases that will be addressed in a specific courtroom on a specific date.

Court order

A legally binding direction, issued by a justice, which orders a party to do something. There are serious legal consequences for disobeying a court order.

Court reporter

A person in the courtroom who creates official records of things said during court proceedings.

Criminal record

A list of a person’s record of convictions in the criminal justice system. Criminal records are kept in central systems which most police agencies across Canada can access. If you would like a conviction to not appear on your criminal record, you can apply for a record suspension with the Parole Board of Canada.

Cross-examine

To ask questions to the other party’s witnesses after they’ve given evidence in order to point out weak spots in their testimony, test their truthfulness or reliability, or bring up evidence that may support the cross-examiner's position. Unlike in direct examination, a party can ask leading questions to suggest a certain narrative to the witness.

Crown counsel

The lawyer that represents the state in prosecuting criminal matters. Sometimes referred to as the Prosecution or the Crown, they act on behalf of the public. They do not represent the police, or specific victims or their families.

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Defence counsel

The lawyer that represents the accused throughout the criminal proceedings.

Defendant

See Accused.

Detention order

A type of court order that can be made at a bail hearing. When a detention order is issued by a judge or justice of the peace, the accused is denied bail and will remain in custody until the conclusion of the trial, or until they are released following a bail review.

Direct examination

Often referred to as an examination-in-chief, this is the questioning of a party’s own witness. The questions during a direct examination must be open-ended and non-leading.

Discretionary bench warrant

See Bench warrant with discretion

Disclosure

The documents and evidence relevant to a criminal case and often used during trial. This can include a synopsis of the Crown’s case, Crown witness statements, copies other statements made to the police, police notes, the Information, forensic reports, photographs and video recordings.

Duty counsel

Defence lawyers who work at criminal courthouses to help unrepresented parties. They provide basic legal advice and can help people at bail hearings, case management court, and sometimes at plea court. Duty counsel provide free legal advice for a specific court appearance but do not take on an entire case.

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Election

When an accused person is charged with a hybrid offence, the Crown’s election refers to the Crown’s right to choose whether to “proceed summarily” and prosecute the charge as a summary conviction offence or to “proceed by indictment” and prosecute the charge as an indictable offence. The Crown will make this decision based on the seriousness of the offence, the accused person’s previous criminal history and other factors. The Crown’s decision will affect the type of sentence that may be imposed upon a finding of guilt and will also affect whether the accused person has an election The accused’s election refers to an accused person’s right to choose whether they wish to have their case tried by a judge or jury. This right only exists in relation to certain indictable offences. Once an election is made, it may not be able to be changed without the consent of the Crown.

Essential elements of an offence

Each offence may be broken down into certain elements. In order to find someone guilty, the Crown must prove these elements beyond a reasonable doubt. These essential elements include the actus reus and the mens rea.

Evidence

A statement or object that provides information about the crime and is presented in court using witnesses, documents, audio or video recordings, and photographs.

Exhibit

A document or object admitted as evidence during court proceedings and labelled with numbers, for example, Exhibit 1, Exhibit 2.

Expert witness

A witness who testifies about technical and scientific issues as they relate to the case. They give opinions in areas that will help the judge understand and decide the case. The expert witness must have the requisite skill and qualifications in their area of expertise. Their evidence can be given through testimony, or through a written expert report.

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First appearance

An accused person’s first court date in a case, other than a bail hearing. First appearances are usually in case management court, before a justice of the peace.

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Guilty

A finding made by a justice following a guilty plea or after a trial in which all the essential elements of the offence have been proven beyond a reasonable doubt.

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Hearing

A proceeding before a judge or justice of the peace to discuss certain parts of a criminal case. This includes bail hearings, case management hearings, judicial pre-trials, preliminary inquiries and trials.

Hearsay

The report of another person’s words by a testifying witness. Hearsay is typically inadmissible but there are certain legal exceptions where it can be allowed by the judge.

Hybrid offence

An offence that can proceed as an indictable offence or a summary conviction offence. The Crown will be able to make this decision based on the seriousness of the act, previous criminal history and other factors. The Crown’s decision (referred to as the “Crown’s election”) will affect whether the accused has an election and will also affect the type of sentence that may be imposed upon a finding of guilt.

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Indictable offence

A category of criminal offence that is usually more serious and carries a greater maximum sentence than summary conviction offences. This type of offence is often heard in the Superior Court of Justice, in front of a judge or jury. It can also be heard in the Ontario Court of Justice, depending on the accused’s election.

Information

The official court document that states the name of the accused, the charge, and the date and place where the offence is alleged to have occurred.

Innocent until proven guilty

A very important legal presumption that requires that the accused be considered innocent until the judge decides that the evidence proves, beyond a reasonable doubt, that they committed the offence charged.

Intermittent sentence

A type of sentence that allows an offender to serve their jail sentence in scheduled intervals, often on weekends.

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Judge

A judge is an impartial judicial officer who presides over criminal proceedings in the Ontario Court of Justice. Judges should be addressed as “Your Honour”.

Judicial interim release

See Bail.

Jurisdiction

The official power to make legal decisions and judgments within a certain geographic area or within a certain area of law.

Justice of the peace

A justice of the peace is an impartial judicial officer whose responsibilities in criminal matters in the Ontario Court of Justice include presiding in bail court and case management court. Justices of the peace should be addressed as “Your Worship”.

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Leading question

A question that prompts or encourages a desired answer. This type of question is allowed during the cross-examination of a witness but not during direct examination.

Leave of the court

Obtaining the court’s permission to proceed in a certain way. This is often mentioned during motions, appeals or certain applications.

Legal advice

Professional advice provided by a lawyer about the law as it applies to a particular case.

Legal Aid

Free legal information, advice and representation for those who cannot afford a lawyer and who qualify for a legal aid certificate. Obtaining a lawyer through Legal Aid is based on financial need and the type of assistance required.