Criminal Court Glossary
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Charged with a criminal offence? Tell us what happened.
Criminal court has its own language. These are the words you are most likely to hear, explained in plain English.
Terms A to Z
Absolute discharge
A finding of guilt with no conviction entered and no conditions. conditional and absolute discharges.
Acquittal
A finding of not guilty after a trial.
Adjournment
Putting a court appearance off to a later date.
Appearance notice
A paper police may give you that sets a court date. You can get one with or without being arrested. It means you are not held for a bail hearing.
Bail hearing
A hearing where a justice decides whether a person held in custody can be released before trial, and on what conditions. Also called a show cause hearing. what is a bail hearing?
Bail review
A request to the Superior Court to change a bail decision. bail reviews and changing conditions.
Breach
Breaking a court order or release condition. A breach is usually a separate criminal charge. breach of bail conditions.
Charter
The Canadian Charter of Rights and Freedoms. It protects rights such as the right to a lawyer and the right to be free from unreasonable searches.
Conditional discharge
A finding of guilt with no conviction entered. You must follow probation conditions. If you are convicted of a new offence, including breaking probation, the court can cancel the discharge and convict you of the original charge. conditional and absolute discharges.
Conditional sentence
A jail sentence of less than two years served in the community, often with house arrest. conditional sentences.
Crown attorney
The lawyer who prosecutes the case for the government. Often just called "the Crown."
Designation of counsel
A form that lets your lawyer appear in court for you, so you may not have to attend every date.
Disclosure
The evidence the Crown must give the defence, such as police notes, statements and videos.
Diversion
A program that can end a charge without a conviction, usually after you complete tasks such as counselling or community service. diversion for theft charges.
Duty counsel
Legal Aid Ontario lawyers who give free, limited help at court and police stations.
Election
The choice of court and trial type for some indictable offences: a provincial court judge, a Superior Court judge, or a judge and jury.
Hybrid offence
An offence the Crown can prosecute either summarily or by indictment. Most common charges, such as assault, are hybrid.
Indictable offence
The more serious way of prosecuting an offence, with higher maximum penalties.
Judicial pre-trial
A meeting with a judge, the Crown and your lawyer to narrow the issues and discuss resolution.
Legal Aid certificate
A Legal Aid Ontario approval that pays a private lawyer to take your case if you qualify.
Peace bond
A court order to keep the peace and follow conditions for up to 12 months. It is not a conviction. section 810 peace bonds explained.
Plea
Your formal answer to a charge in court: guilty or not guilty.
Preliminary inquiry
A hearing before trial to test whether there is enough evidence. It is only available for offences with a maximum of 14 years or more.
Probation
A court order to follow conditions in the community for a set time, up to three years.
Record suspension
What used to be called a pardon. It keeps a criminal record separate from other records. record suspensions.
Release order
A court order that releases a person while their case goes on. It may or may not have conditions.
Reverse onus
A bail situation where the person charged must show why they should be released. reverse onus bail.
Set date court
A short appearance to deal with scheduling and next steps. Also called case management court.
Summary conviction
The less serious way of prosecuting an offence, with lower maximum penalties.
Surety
A person who promises the court to supervise someone on bail. how to get someone out on bail.
Undertaking
A written promise, usually given to police, to come to court and follow conditions.
Warrant
A court order that lets police arrest a person or search a place.
Withdrawal
When the Crown ends a charge before trial. It is not a conviction.
Youth Criminal Justice Act
The law that applies to people charged for something done when they were 12 to 17. youth criminal charges.
Talk to a lawyer
Aftermath Law offers a free consultation. Call (647) 223-1980; our phone is answered 24/7. We accept Legal Aid Ontario certificates, and consultations are available in English, Punjabi and Hindi.
General information only, not legal advice.