ADULT
CRIMINAL COURT >
Definitions
The following is a list of defined terms
frequently used in Criminal Court:
Accused - A person who is charged
with having committed an offence. The term is often used interchangeably
with defendant.
 Appeal - A person not satisfied with the outcome of his/her case
may ask an appeal court to review the judge's decision in order to
ensure that there were no errors. Either the Crown or Defence may appeal
a case to a higher court within 30 days from the date of conviction.
Appearance Notice - A form issued by a police officer compelling
the appearance of an accused to answer to a charge. The Appearance
Notice outlines the date, time and location of court. Failure to appear
may result in a Warrant of Arrest being issued for the accused.
Committal to Trial - A person is committed to stand trial in a
higher court when a judge finds there is sufficient evidence to order
the accused to trial.
Court Reporter - Court staff member assigned to record everything
that is said when court is in session and prepare transcripts as
required.
Crown Counsel - A lawyer who, on behalf of Her Majesty the Queen,
conducts the prosecution of cases.
Defence Counsel - A lawyer who represents an accused person or
defendant before the court.
Discharge (absolute and conditional) - In theory, an offender who
is granted an absolute or conditional discharge is deemed by law to have
been found guilty but not to have been convicted.
Absolute discharge - the person is discharged absolutely, without
conditions. Taking all factors into account, the judge feels it is not
necessary to impose conditions.
Conditional discharge - the person is placed on probation with specific
conditions such as no contact or communications with other party. If the
conditions are followed, then no conviction is entered at the
termination of the probation order. However, should the conditions be
violated, the person may be convicted of the original offence and
sentenced accordingly.
Disposition - The sentence an accused person receives is his/her
disposition.
Duty Counsel - The lawyer appointed by the
Newfoundland Legal Aid Commission, to give preliminary counsel to
the accused on plea day.
Election - A person charged with having committed indictable
offences, with the exception of treason and murder, may elect to be
tried by a Provincial Court Judge, a Judge alone or by Judge and jury.
Ex Parte/In Absentia - A matter heard ex parte is heard in the
absence of the accused person. For example, summary conviction offences
may be heard in the absence of the accused.
Fine - A sentence which may be imposed on a convicted person
whereby he/she may be ordered to pay a specific amount of money as
punishment. Usually a default period accompanies this fine and the
person will be compelled to serve time if the fine is not paid within
that time period.
First Appearance/Plea Day - This is the first appearance day for
any person charged with an offence.
Indictable Offence - This is a more serious criminal charge as
distinguished from a summary offence and carries a higher penalty.
Judge - Person who presides over courtroom proceedings and
renders a decision.
Pardon - A person may apply for a pardon from a summary offence
conviction after three years while the waiting period to apply to apply
for a pardon from an indictable offence is five years. Applications are
made to the National Parole Board.
Postponement - A postponement occurs when a matter is delayed to
a future date for continuation. A postponement cannot be granted over
the telephone or by mail.
Preliminary Inquiry - An inquiry that is made by a judge with a
view to satisfying himself/herself as to whether or not there is
sufficient evidence for an accused to be committed to stand trial in a
higher court.
Subpoena - A writ issued under authority of a court to compel the
appearance of a witness at a judicial proceeding, the disobedience of
which may be punishable as a contempt of court.
Summary Offence - An offence of a less serious nature and
carrying a lesser penalty than an indictable offence. A maximum sentence
for an summary offence is a $2,000.00 fine or six months imprisonment or
both.
Summons - An order requiring an accused to appear in court to
answer to a charge. The summons outlines the date, time and location of
the court. Failure to appear may result in a Warrant of Arrest being
issued.
Suspe nded Sentence - Unless a minimum punishment is prescribed by
law, the court has the power to suspend the passing of sentence
(generally for a period of three years) and place the offender on
probation. It is the passing of the sentence, not the sentence itself
that is being suspended. This means that if the person is convicted of
another offence during the period when the passing of sentence had been
suspended, then the person may be sentenced for the original offence.
Warrant of Arrest - A written order issued by the court directing
the arrest of a person.
Witness - One who gives evidence in a case before the court. A
witness is compelled by law to appear on the time and date specified.
Failure to do so could result in a warrant being issued for the arrest
of the witness. Under the provisions of Section 37(1) of the Jury Act,
an employer of a person, who is required to attend upon court as a
witness, shall pay that person the same wages and give the same benefits
as that person would have received if he/she had worked. |
