Glossary
Absolute Discharge: A finding of guilt – not a conviction. There are no requirements to fulfil and no supervision. Your criminal record can be destroyed after 1 year.
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Adjourn: To bring back a matter another day or time.
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Conditional Discharge: A finding of guilt – not a conviction. There will be a set period of probation terms to follow and you may have to report to a probation office. If you follow the terms and are not charged with other offences in that time, your criminal record can be destroyed after 3 years.
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Conditional Sentence: A conditional sentence is a non-custodial sentence (also known as house arrest) for individuals serving less than 2 years.
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The Crown: Crown prosecutors - also known as prosecutors, crown counsel, or the crown - are lawyers employed by the Attorney General. They are the lawyer who represents the interests of the public and the “victim” of a crime. If you are facing a charge, you should be very careful what you say in their presence.
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Crown Pretrial (CPT): A meeting to discuss possible resolution, or issues for trial, witnesses and trial date. Sometimes called crown resolution meeting in the early stages.
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Crown Screening: A paper indicating the crown’s initial position on your charges, and what they might be seeking. Final outcomes can vary significantly from the screening form.
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Custody/Custodial: When you are not free to do as you wish. Closed custody is time in a detention facility, provincial jail, or federal prison. Open custody are supervised programs in the community - such as a halfway house - where you must comply with conditions.
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Detained: To be kept by police; not under arrest or charged, but not free to go.
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Disclosure: A collection (digital or physical) of evidence the crown has and intends to use against you; officer notes, photos, video, statements to police, etc. Same as "discovery" in the U.S.
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Diversion: A process to settle your charge outside of the criminal court process. Often offered to first-time accused facing minor charges. There is no criminal record.
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Duty Counsel: Duty counsel are no-cost lawyers available to represent low-income people who do not have private counsel. They can represent clients at simple court appearances, give legal advice, and help review court documents but they will not help with a trial.
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Gladue: Can refer to either a set of sentencing principles for Indigenous people, or a special court for Indigenous peoples to have their charges heard in.
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Injunction: A court order against individuals or groups meant to stop a particular behaviour or action. Breaching an injunction is a criminal charge.
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Judicial Pretrial (JPT): A meeting between the crown and you (if self-representing) or your lawyer to discuss issues for a jury trial in front of a judge.
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OIC Undertaking: Signing conditions with an officer in charge (OIC) to be released from the police station, instead of being kept for a bail hearing the next day.
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Parole: A release from prison before your sentence is complete, under certain conditions. Day parole is when you live in a community-based supervision program (halfway house). Full parole often allows you to live in your own housing, but there is still supervision.
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Peace Bond: The withdrawal of the charge(or charges) in exchange for signing an agreement to follow certain conditions. No criminal record. Usually used in the case of withdraws and diversion.
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Probation: A term of post-sentencing conditions, lasting between 1 to 3 years. It may be supervised or not.
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Promise to Appear (PTA): A signed document agreeing to appear for fingerprinting and/or court. Often used in conjunction with an OIC Undertaking.
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Recognizance: A release from detention (bail hearing) with a promise to follow certain conditions where no surety is required.
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Remand: To be sent to custody to await a bail hearing or trial.
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Set Date: The court dates that occur after your first appearance, while awaiting screening and disclosure, securing legal aid, or before resolution meetings. Usually set every 3 to 4 weeks as the case progresses.
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SLAPP Suit: “Strategic Lawsuit Against Public Participation”: a civil lawsuit typically intended to censor activists with the threat of a huge financial burden.
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Statutory Release: Mandatory release from custody for most prisoners after two-thirds of their sentence is completed (not for life or indeterminate sentences). Different from parole.
Summons: An official notice to an accused or witness that they must attend court. Often served by a process server or police officer.
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Surety: An individual who agrees to supervise an accused in the community and ensure the individual attends court and follows their bail conditions. Sureties are used in Ontario in lieu of a cash bail program. A surety must promise an amount of money to the court, but rarely needs to deposit or pay that money up front.
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Suspended Sentence: A sentence that can be "recalled" or brought back before the court if you breach the conditions associated with it, so that you can be re-sentenced to custody. This type of sentence is not "final" until you have served it in its entirety.