GLOSARY

 Accused

Someone who is suspected of or has been charged with committing a crime.

Act

A law passed by the federal parliament or provincial legislature.

Allege

To say something that has not yet been proven to be true.

Alleged

Something that has not yet been proven to be true.

Alternative Measure

Instead of going to court, police or Crown might provide an accused charged with a less serious crime an opportunity to accept personal responsibility for their behaviour by agreeing to make amends to the victim and the community. For example, an apology and/or compensation for the loss or damage.

Bail Hearing

A court hearing where a judge decides if an accused will be released from custody while awaiting their trial or appeal. May also be referred to as a show cause hearing or judicial interim release hearing.

Bail

A court order releasing an accused from custody while they are awaiting trial and requiring them to obey certain conditions (rules) and return to court on a specific date. In some cases, bail orders may require a money deposit or a bail surety. See surety in the glossary.

Charged

When a person has been formally accused of committing a crime by the laying of charges by Crown counsel. 

Charges

The specific criminal offence(s) a person is accused of committing. If a person is charged, it means they have been formally accused by Crown counsel of committing a crime

Charging

The act of Crown counsel formally accusing a person of committing a crime (criminal offence).

Child Abuse

When a person under 19 is abused or neglected and needs protection.

Convict / Convicted / Conviction(s) / Convicting

When the criminal charges against an accused are proven beyond a reasonable doubt at the trial and the judge or jury finds the accused person guilty of committing a crime and the accused is not discharged. 

Crime

A crime is an act that breaks a law that relates to how to behave in society. The harm caused by the act is seen to be against society as a whole, not just a specific person. 

Criminal Charge

The specific criminal offence(s) a person is accused of committing.  If a person is charged, it means they have been formally accused of committing a crime by Crown counsel.

Criminal Code / Criminal Code of Canada

The federal law that applies across Canada and sets out criminal offences, sentences and how a criminal case proceeds.

Criminal Law

The law that deals with how the state responds to crime.

Criminal Offence

An act that breaks a law that relates to how to behave in society. The harm caused by the act is seen to be against society as a whole, not just a specific person.  Sometimes it refers to the specific law that was broken.

Criminal Record

Information about a person’s contact or involvement with the criminal justice system, starting with the involvement of the police through to sentencing and release from custody. Records are kept in central computer systems most police agencies across Canada can access.

Criminal Record Check

A request to police for information about a person’s criminal history. The person’s written consent is required for the check to be conducted.

Petition: A document you file with the court, asking the court to do something. A "Petition to Annull Record" asks the court to remove the record of the arrest, the charge, and if applicable the conviction and sentence and all related documents from records generally available to the public.

Curfew

An order establishing a specific time in the evening after which certain rules apply.

Custody / In Custody / Custodial

Being held by police or corrections workers in a police station, provincial correctional centre (for a sentence less than two years), federal correctional centre (for a sentence of two or more years), or youth custody centre (for youth).

Custodial Sentence / Custody Sentence

A sentence given to an offender under which they are kept in custody. See custody in the glossary.

Defendant

A person formally accused of committing a crime by Crown counsel by the laying of a charge.  In the courtroom this person is referred to as the “defendant”.  Also known as the accused. 

Discharge

When a person is found guilty or pleads guilty, but the judge decides that a conviction and criminal record are not necessary.  See absolute discharge and conditional discharge in the glossary.

Disclosure

The act of making the Crown’s case known to defence by providing information on the evidence or circumstances of the case. The Crown must disclose, or share, with the accused all relevant information gathered in the investigation so the accused can fully defend their self against the charges.

Encrypted

When words are replaced with various symbols so that the information is secure and transferred over the Internet like a secret code.

Fine

All or part of a sentence requiring someone convicted of a crime to pay money to the court.

I

Immigrants

A person new to British Columbia.  Someone who leaves their country to permanently settle in another country.

Immigration Detention

Individuals detained under the Immigration Act.

Imprisonment

To be kept in custody (in a correctional centre) for a specified period of time after being found guilty of committing a crime.

Judge

The official responsible for running court hearings and deciding the outcome of court cases.

Judgment

The decision the judge or jury makes about whether or not the accused is guilty of committing a crime.  In a criminal case, it can either be guilty or not guilty.  Also see verdict in the glossary.

Judicial Interim Release

Release from custody of a person charged with a crime while they are waiting for their trial or appeal. See bail in the glossary.

Judicial Stay of Proceedings

When the judge stops the court process before the end of the trial. This happens very rarely.

Lawyer

A person who is authorized to practice law.

Offence

An act that breaks a law that relates to how to behave in society. The harm caused by the act is seen to be against society as a whole, not just a specific person.  Sometimes it refers to the specific law that was broken.

Offender(s)

Someone who the court has convicted of or who has pleaded guilty to a criminal offence. See conviction in the glossary.

Offending Behaviour

A person’s behaviour that does not follow the law.

Proceedings

Legal steps or measures taken against a person.

Prosecute / Prosecuted / Prosecution

To start or carry out legal proceedings against an accused who has been charged with committing a criminal offence.

Sentence / Sentencing / Sentenced

The punishment a person receives after being found guilty of or pleading guilty to committing a crime. Sentences may include fines, community supervision or time in prison (also called a correctional centre or penitentiary). 

Serious Offence

An offence for which an adult could receive up to five years in jail.

Sexual Assault

Any sexual contact that happens without the consent of both people.

Sexual Exploitation

Using children for sex in return for such things as food, shelter, drugs, money, or other basic needs of life. 

Sheriff

A justice system official who is responsible for making sure the courtroom is safe and for looking after witnesses, juries and prisoners.

Spousal Abuse

Includes any form of violence within a relationship (marriage, common law or dating) – sexual, emotional, financial and psychological, including threats.

Statement

A written version of the information provided by a witness or victim to the police that relates to a crime that was committed.

Substance Abuse

Excessive use or misuse of drugs or alcohol.

Summary Offences

These are less serious offences. The maximum penalty for a summary offence is usually a $5,000 fine and/or six months in jail. Some summary offences have higher maximum sentences. They include breaches of a probation order.

Summoned

Notified that you must appear in court at a specified date and time.

Suspect / Suspected

A person who is believed to have committed a crime.

Third Party Reporting

When someone other than the person who is a victim of crime reports the crime to the police. 

W

Warrant

A court order giving police or other officials permission to carry out a certain action.

Petitioner: The person asking the court to do something.

Arrest: When a police officer takes you into police custody (brings you to the police station), or otherwise tells you that the police intend to bring a criminal charge against you (hands you a criminal complaint).

Defendant: A person who has a legal action in court brought by someone else. In a criminal case, the State of New Hampshire files a case against a defendant.

Criminal Complaint: A document used by a police department to tell a person it intends to bring criminal charges against him or her.

Disposition: A term that can be used to describe the outcome or result of a criminal charge.

Conviction: After being arrested and charged with a criminal offense and after a trial or plea hearing, the judge enters a finding of guilty against you.

Sentence: After being arrested and charged with a criminal offense and after a trial or plea hearing, the judge enters a finding of guilty against you and orders you to follow certain conditions or requirements.