Criminal Law Definitions:

Crown Prosecutor

A Crown prosecutor is the lawyer representing the government in a criminal case.  The Crown prosecutor is responsible for presenting the case against the accused person in court.

The Crown prosecutor is sometimes called "the Crown." In a criminal case, the Crown must prove the charge beyond a reasonable doubt.

The Crown

"The Crown" is another way of referring to the prosecution in a criminal case.  When people say "the Crown," they are usually talking about the Crown prosecutor or the government side of the criminal case.

Accused Person

The accused person is the person who has been charged with a criminal offence.  Being charged does not mean a person has been found guilty.

Complainant

A complainant is the person who made the complaint or is alleged to be the victim of the offence.  In some cases, the complainant may be a person, business, police officer, or other party.

Disclosure

Disclosure is the evidence the Crown has about the case.  It may include police notes, witness statements, photographs, videos, 911 recordings, text messages, emails, medical records, surveillance footage, or other materials.

Reviewing disclosure is an important part of understanding the allegations, the strength of the Crown's case, and the legal options that may be available.

Beyond a Reasonable Doubt

Beyond a reasonable doubt is the highest standard of proof in Canadian law.  The court must be sure of the accused person's guilt based on the evidence presented.

If there is a reasonable doubt about whether the accused person committed the offence, the accused person must be found not guilty.

Summary Conviction Offence

A summary conviction offence is generally treated as a less serious criminal offence than an indictable offence.  Summary matters usually move through a simpler court process, but they can still result in serious consequences.

A summary conviction can still affect a person's criminal record, employment, travel, immigration status, professional licensing, and future opportunities.

Indictable Offence

An indictable offence is generally considered more serious than a summary conviction offence.  Indictable offences may involve higher maximum penalties and a more complex court process.

Examples of indictable offences may include serious assault, robbery, major fraud, break and enter, aggravated assault, and other serious Criminal Code offences.

Hybrid Offence

A hybrid offence is a criminal charge that may proceed either by summary conviction or by indictment.  The Crown prosecutor decides how the charge will proceed based on the circumstances of the case.

Many common criminal charges in Ontario are hybrid offences.

Charge

A charge is a formal allegation that a person committed a criminal offence.  A charge begins the criminal court process, but it does not mean the person is guilty.

Criminal Record

A criminal record is a record of criminal convictions.  A conviction may appear on background checks and may affect employment, travel, volunteering, professional licensing, and other opportunities.

Arrest

An arrest occurs when police take a person into custody or tell the person they are not free to leave.  A person who is arrested has important legal rights, including the right to speak with a lawyer.

Bail

Bail is the process of deciding whether a person charged with a criminal offence will be released from custody while the case moves through court.

A person released on bail may have conditions they must follow.  Breaching bail conditions can lead to new criminal charges.

Release Conditions

Release conditions are rules a person must follow after being released by police or the court.  These conditions may include no-contact terms, reporting requirements, weapons restrictions, address requirements, or other limits.

Release conditions should be read carefully.  Failing to follow them can make the situation more serious.

Undertaking

An undertaking is a document that may release a person from custody with conditions they must follow.  The conditions may remain in place while the criminal charge moves through court.

Recognizance

A recognizance is a form of release order that may require a person to follow specific conditions.  It may also include a promise to pay money if the conditions are breached.

No-Contact Order

A no-contact order is a condition or court order that prevents a person from contacting another person.  Contact may include in-person contact, phone calls, text messages, emails, social media messages, letters, or contact through another person.

If a no-contact order is in place, it must be followed unless the order is changed by the court.

Probation

Probation is a court order that requires a person to follow specific conditions for a set period of time.  Probation may include reporting to a probation officer, keeping the peace, attending counselling, staying away from certain people or places, or following other conditions.

Breaching probation can lead to a new criminal charge.

Breach of Probation

A breach of probation is an allegation that a person failed to follow one or more terms of a probation order.

Failure to Comply

Failure to comply usually means a person is accused of not following a release condition, undertaking, recognizance, court order, or other criminal court requirement.

Peace Bond

A peace bond is a court order requiring a person to keep the peace and follow certain conditions.  In some cases, a peace bond may resolve a criminal matter without a finding of guilt.

A peace bond is not the same as a criminal conviction, but breaching a peace bond can lead to criminal consequences.

Diversion

Diversion is a possible way to resolve some criminal charges outside of a trial.  It may involve completing certain steps, such as counselling, community service, restitution, apology letters, or other requirements.

Diversion is not available in every case.  Availability depends on the charge, the facts, the accused person's history, and the Crown's position.

Alternative Measures

Alternative measures are programs that may allow some criminal matters to be resolved without a trial or conviction.  The person may need to accept responsibility and complete specific conditions.

Withdrawal

A withdrawal means the Crown is no longer proceeding with the charge.  If a charge is withdrawn, the case does not continue to trial on that charge.

Stay of Proceedings

A stay of proceedings means the criminal case is stopped.  In some situations, the Crown may be able to restart the case within a certain time period.

Guilty Plea

A guilty plea means the accused person admits to the offence.  Before pleading guilty, it is important to understand the charge, the facts, the consequences, and the possible sentence.

Not Guilty Plea

A not guilty plea means the accused person does not admit guilt and requires the Crown to prove the charge in court.

Trial

A trial is a court hearing where the Crown presents evidence and the court decides whether the charge has been proven beyond a reasonable doubt.

At trial, witnesses may testify, evidence may be challenged, and legal defences may be raised.

Sentencing

Sentencing happens after a person is found guilty or pleads guilty.  The court decides the appropriate penalty based on the offence, the facts, the person's background, and the law.

Fine

A fine is a financial penalty ordered by the court.  The amount depends on the offence and the circumstances of the case.

Restitution

Restitution is a court order requiring a person to repay money for a financial loss connected to the offence.

Community Service

Community service is unpaid work that may be ordered by the court or required as part of diversion, probation, or another resolution.

Conditional Discharge

A conditional discharge means the person is found guilty but is not convicted if they successfully follow conditions for a set period of time.

If the person breaches the conditions, further consequences may follow.

Absolute Discharge

An absolute discharge means the person is found guilty but is not convicted and does not have probation conditions to follow.

Suspended Sentence

A suspended sentence means the court does not impose a harsher sentence at that time, but the person is usually placed on probation and must follow conditions.

Custodial Sentence

A custodial sentence means jail.  Jail may be ordered in some criminal cases depending on the offence, the facts, the person's history, and the sentencing principles that apply.

Intermittent Sentence

An intermittent sentence is a jail sentence served in separate blocks of time, often on weekends, if the court allows it.

Conditional Sentence

A conditional sentence is a jail sentence served in the community under strict court-ordered conditions.  It is not available for every offence.

Weapons Prohibition

A weapons prohibition is a court order that prevents a person from possessing firearms, weapons, ammunition, or related items for a specific period of time.

Charter Rights

Charter rights are legal protections under the Canadian Charter of Rights and Freedoms.  These rights may include the right to remain silent, the right to speak with a lawyer, protection from unreasonable search and seizure, and the right to be tried within a reasonable time.

Right to Silence

The right to silence means a person generally does not have to answer police questions about an allegation.  Before giving a statement, it is important to understand this right.

Right to Counsel

The right to counsel means a person who is arrested or detained has the right to speak with a lawyer.

Search and Seizure

Search and seizure refers to police searching a person, place, vehicle, phone, computer, or property and taking evidence.  In some cases, a search may be challenged if it breached Charter rights.

Self-Defence

Self-defence may apply where a person used force to protect themselves from force or a threat of force.  Whether self-defence applies depends on the facts, evidence, and circumstances.

Defence of Another Person

Defence of another person may apply where a person used force to protect someone else from force or a threat of force.  The court will consider the circumstances and whether the response was legally justified.

Intent

Intent refers to a person's state of mind at the time of the alleged offence.  For many criminal charges, the Crown must prove that the accused person intended to do something or knew certain facts.

Mens Rea

Mens rea refers to the mental element of a criminal offence.  It usually means the intention, knowledge, recklessness, or state of mind the Crown must prove.

Actus Reus

Actus reus refers to the physical act or conduct that forms part of a criminal offence.

Evidence

Evidence is information used in court to prove or challenge a charge.  Evidence may include witness testimony, documents, photographs, videos, recordings, police notes, text messages, emails, or physical objects.

Witness

A witness is a person who may have information about the case.  A witness may be called to testify in court.

Testimony

Testimony is evidence given by a witness in court, usually under oath or affirmation.

Cross-Examination

Cross-examination is questioning a witness about their evidence.  It may be used to test accuracy, reliability, memory, bias, inconsistencies, or credibility.

Credibility

Credibility refers to whether a witness is believable.  Courts may consider consistency, memory, motive, honesty, and the overall reliability of the evidence.

Identification Evidence

Identification evidence is evidence about who allegedly committed the offence.  Identification may become an issue where the accused person says they were not the person involved.

Legal Advice

Legal advice means advice about a person's rights, options, risks, and possible legal outcomes based on the facts of the case.

Why These Terms Matter

Understanding criminal law terms can help a person better understand police paperwork, court dates, disclosure, release conditions, possible penalties, and legal options.

A legal term may have a specific meaning in court.  Getting legal advice early can help you understand how these terms apply to your situation.