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Legal language can be confusing to the general public.
The following is a list of words you may encounter after you’ve been charged with a crime in Ontario. The words are listed in alphabetical order and definitions are in plain language.
You can find a more detailed list on the Ontario Ministry of the Attorney General’s website, HERE.
ACCUSED
The accused is the person who is charged with a crime. During a criminal trial, the accused is referred to as the defendant.
ACQUITTAL
When the person charged with a crime (the accused) is found NOT GUILTY of the crime they were charged with.
ADJOURNMENT
When a hearing has been moved to a later date.
AFFIDAVIT
An affidavit can be written. It is a statement of facts that is sworn to be true. Written affidavits are signed by a commissioner for taking affidavits. All lawyers in Ontario can sign affidavits. You can find an example of a written affidavit, HERE.
AFFIRMATION
A statement made by a person to promise to tell the truth.
ALLEGATION
Something that someone says has happened (unproven).
APPEAL
If you believe an error was made during the conduct of your trial, including with the outcome It is your right to have the decision reviewed by the court one-level above the trial. An appeal is when you ask a higher court to review the decision of a lower court. You can appeal a conviction, a prison sentence or a probation order. In certain cases, you can appeal your appeal if you think there was an error but it is not by right. You will need permission of an even higher court for that.
APPEAL PERIOD
The time limit within which one can appeal a decision. Generally, a Notice of Appeal should be filed within 30 days of the conviction or sentence. If you have passed the appeal period, you may still apply to have your appeal heard. The appeal court will consider whether you passed the legal test to extend the filing period. A lawyer can give you advice on how to pass that test.
APPEARANCE NOTICE
An appearance notice gives you the details you need for your first court appearance (the arraignment). It will tell you what you have been charged with and the date, time and location of court.
For more serious charges, you may be held in custody until you have a bail hearing.
ARRAIGNMENT
An arraignment is the first court appearance an accused person makes. Its purpose is to confirm the identity of the person who is charged with the crime, to read the charges that have been laid and to ask how the accused person pleads. If you already know what you have been charged with, you or your lawyer can waive reading of the charges at the arraignment hearing.
ARREST
The police can arrest you and take you into custody under certain conditions such as:
FITNESS ASSESSMENT
A Fitness Assessment can be ordered by a judge if the accused person is thought to be unfit to stand trial. This assessment is done by a psychiatrist or psychologist.
Being assessed as unfit means the accused:
BAIL
The temporary release of the accused from custody while the accused waits for their trial. In most cases, it will take at least a year to schedule a trial. In some instances, the court will require you or your surety to promise an amount of money to the court as an incentive that an accused person who has been released out of custody will return for their next court date and not commit further crimes while on release. In most instances, but not all, you just have to promise the money to the court, you or your surety do not have to deposit the money with the court (no-cash bail).
BARRISTER
A common term for lawyer. In every province except Quebec, all lawyers are barristers and solicitors. A barrister is a lawyer who appears in court, all lawyers in criminal court are acting as barristers.
BENCH
Refers to the judge (or judges if there are more than one) involved in a court case. Also refers to the seat where the judge(s) sit in court.
BENCH WARRANT
*Link to Section on Bench Warrants
When an accused person does not show up for a court appearance, the judge may order a bench warrant, meaning the police are authorized to arrest you and you may be held in custody until a bail hearing. Find out about different types of bench warrants, HERE.
BOND
A written promise the accused makes to the court. There are different types of bonds:
PEACE BOND
A written and signed court order where the accused promises to ‘keep the peace’ and act in good behaviour.
A judge or a justice of the peace will issue a Peace Bond to protect someone who has a ‘reasonable fear’ that you will hurt them, their family, property or that you will distribute or share intimate images / video of them without their consent.
In criminal court, the crown attorney may offer the accused a peace bond instead of following through with the criminal charges. It is the choice of the accused person whether or not to accept this offer.
Good behaviour means you are making a promise to not break the law. Other conditions of a Peace Bond may include that you are not able to contact the person or visit certain areas.
There are 2 kinds of Peace Bonds:
SURETY BOND
A surety is a written promise a person makes on the accused’s behalf to guarantee that the accused will act in good behaviour and not break any conditions set by the court.
It involves an amount of money (it can be a significant amount, based on the person’s personal finances) that the surety could be required to pay, after a hearing, if the person breaks these conditions and the surety did not fulfill their duty to alert police.
BREACH
When a law or obligation (such as a bail condition) has been broken; this can include activity that is not normally criminal such as not complying with a curfew or contacting someone you are not supposed to.
BRIEF / LEGAL BRIEF
A written summary of the argument in a case.
BURDEN OF PROOF
The obligation to provide evidence which includes the sworn testimony of witnesses to satisfy the court. The burden of proof can shift between parties depending on what the court is looking for proof of. In criminal cases, the standard the prosecutor has to convince the judge or jury of the accused’s guilt is Beyond A Reasonable Doubt.
CASE
Criminal charges or other matters which are brought to court for a decision to be made.
CASE EVENT LIST
A list of cases that will be heard in court on any particular day. It can also be called a ‘docket’.
CHARGE
The first step in the criminal prosecution process, when the police form grounds to believe that a person committed an offence.
CLERK OF THE COURT
The clerk is responsible for administrative duties in the court, such as signing court orders or issuing certain documents.
COMPETENCE
The ability of a person to make decisions about their health and / or property. In criminal court, this means if the person is able to give evidence (understands the difference between truth and fiction, reality and make believe), instructions to their lawyer and understands what is happening in court (can participate in the trial).
COMPLAINANT
A person who brings a case against another person in a court of law (the alleged victim).
CONFERENCE
Meetings which take place between those involved in a legal case (such as the Crown Attorney and the Defence Lawyer, usually does not involve the accused unless they are self-represented).
CONFESSION
When an accused admits they did what they are accused of (always get advice from a Criminal Defence lawyer before confessing).
CONSENT
When a competent person voluntarily agrees or gives permission. Can be spoken or written. With proper instructions, a lawyer can consent on your behalf.
CROSS – EXAMINE
Questioning of a witness by the lawyer. Judge makes a judgement about whether a witness is telling the truth by how well their story stands up to cross-examination.
CUSTODY
When a person is held in jail or prison pending a trial or after being found guilty of an offence and sentenced to jail.
DANGEROUS OFFENDER
A person who is convicted of a serious crime (usually but not always a series of crimes or repeat offences) which has caused personal injury or death and is considered at high risk to commit a crime again. Dangerous offenders are held in federal prison for an indefinite period of time. Incredibly serious, possible someone labelled a dangerous offender never gets out of prison. If you are at risk of a dangerous offender assessment (section 752.1(1) of the Criminal Code) you must speak with a lawyer.
DEFENCE
The accused or the defendant’s arguments why they should not be considered guilty (your answer to the allegations made against you).
DEFENCE COUNSEL
In criminal court, the lawyer who represents the accused / defendant. They are the only person in a court legally obligated to be on your side. Everyone, even if they are helpful, are not required to work in only your interest. You should choose a lawyer you trust and who understands your medical issues.
DEFENDANT
The person who is accused in criminal court.
DEPONENT
The person who makes a statement while they are under oath (promise to tell the truth).
DEPOSITION
A statement a person makes while they are under oath (promise to tell the truth).
DISCHARGE
A type of sentence given by a judge when a defendant has been found guilty. A discharge means the defendant does not have to go to jail and will not have a criminal conviction for this offense.
There are two types of discharge:
CONDITIONAL DISCHARGE
DISCLOSURE
Information the police and the Crown have about the defendant’s case. They must give you and/or your defence lawyer everything they have before the trial can start.
DISMISSAL
A judge’s decision to terminate a criminal charge.
DISPOSITION
A judge’s decision.
DIVERSION
A voluntary alternative to avoid being convicted of a minor criminal charge. It is also called “direct accountability.” There is no finding of guilt with a diversion, but the defendant may be required to accept responsibility and do some work, such as community service, counselling or a charitable donation. The fact that you accepted responsibility can potentially be used against you in future matters. Contact a lawyer for advice before accepting diversion.
There are some diversion programs which are more formal such as:
DOCKET
The cases that will be heard in court on any particular day. Also known as the Case Event List.
ELECTION
A legal decision.
ELECTION BY THE ACCUSED
When the accused, under certain conditions, is able to make legal choices, such as whether to have a case heard in the Ontario Court of Justice or the Superior Court of Justice. This usually happens when the accused is charged with a crime that may result in a longer jail sentence (the decision is the accused and cannot be made by the defence lawyer without explicit instructions by the accused).
ELECTION BY THE CROWN –
For many crimes the prosecutor can choose whether they are going to go the more serious route (indictable) or less serious route (summary) when they go through the court process. When the Crown has the option to decide, their decision comes with certain consequences like changes to the maximum and minimum sentences available, what level of court the matter will be heard in, which court the accused will have a right to appeal to and whether the accused will be able to choose to have their matter decided by a jury.
EVIDENCE
What is used to prove or disprove the alleged facts in a court case. Evidence takes many different forms. Someone saying what they saw under oath is evidence. Physical items are also evidence. There are different types of evidence which allowed in Ontario courts including:
ADMISSIBLE EVIDENCE
Evidence that is considered relevant and allowed in court.
CHARACTER EVIDENCE
Evidence that speaks to the type of person the accused is, such as their typical personality traits and behaviours.
CORROBORATING EVIDENCE
Evidence that confirms other evidence.
CIRCUMSTANTIAL EVIDENCE
Evidence that hints at a fact but requires an assumption, educated guess or fill in the blanks to interpret
DIRECT EVIDENCE
Evidence, if believed, proves a fact on its own, a judge or jury does not need to make an assumption, guess or fill in the blanks to interpret
EXPERT EVIDENCE
A qualified professional providing an educated guess based on their training to assist the court to interpret evidence that is not common knowledge. Expert cannot give direct evidence as they were not present when the alleged incident happened (‘expertise’ of ‘experts’ can be challenged)
FORENSIC EVIDENCE
Type of expert evidence, scientific interpretation of direct or circumstantial evidence found at the scene of the crime (science is not settled on many areas of forensic science, can be challenged in court)
FRIEND
A term used by lawyers and Crown Attorneys to show respect. This does not mean that they are friends.
If self-represented, the Court may appoint you ‘Amicus’ or friend of the court
GUILTY
A person can be found guilty by decision of the court when they are convicted of the crime they are charged with. An accused person may plead guilty when they agree they committed the crime they are charged with (best practice is to consult with a lawyer before pleading guilty, it is very difficult, sometimes impossible, to take back a guilty plea).
HEARING
A court proceeding.
524 HEARING
If the accused is charged with breaching their bail, the Crown can apply under section 524 of the Criminal Code to have the accused’s bail cancelled and sent back to jail (not automatic). There is a new diversion procedure for breaches, which can allow for a non-criminal process to deal with breaches, not all courts are using it yet (ask your lawyer to advocate for its use, section 523(3)).
ESTREATMENT HEARING
If the accused breached their bail, the Crown may go after the bail money pledged by the surety in an estreatment hearing.
FITNESS HEARING
A procedure in criminal court to see if an accused is mentally fit to go through a trial.
IDENTIFICATION OF CRIMINALS ACT
The federal law which gives police the right to fingerprint and collect other personal information of people accused of crimes.
INTERVIEW
A meeting with the police or Crown (always consult a lawyer before agreeing to an interview or saying anything).
JUDGE
The person in court who decides on legal matters.
JUDGMENT
The decision made by a judge regarding the outcome of a court proceeding.
JURY
Members of the public who will decide on a verdict after hearing evidence in a trial.
JUROR
A person who is on the jury.
JUSTICE
A judge.
JUSTICE OF THE PEACE
An officer of the court, similar to a judge but less powerful, who has the authority to act in some criminal matters such as issuing warrants and hearing bail applications.
KEEP THE PEACE
A condition of bail, probation or a peace bond, where the accused agrees to not commit any violent acts or other illegal activities (seems redundant but allows them to charge you with both the crime and the breach as a result of the crime).
LAW SOCIETY OF ONTARIO
The organization that oversees lawyers and paralegals in Ontario.
LAWYER
A person licensed through the Law Society to practice law.
LEAVE
Permission of the court.
LEGAL AID
Government funded legal services people may be eligible for, based on their income. Important to disclose your brain injury to Legal Aid to get fair assessment of your eligibility.
MENTALLY INCAPABLE
A person who is not considered capable of understanding the consequences of their actions or decisions. If found mentally incapable you may be required to live in a secure mental hospital for an indefinite time, possibly forever.
OATH
When a person swears to a God or other deity to tell the truth.
OBJECTION
A reason that a lawyer interrupts a witness to talk to the judge. A claim that the other side is not following the rules. The judge will make a determination whether that is true or not. If the judge finds that they are not following a rule, they have to stop that particular thing.
OFFENCE
Breaking the law. There are different types of offences, such as:
HYBRID OFFENCE
Some offences may be treated as more serious (indictable) or less serious (summary conviction). This decision is made by the Crown, and is based on how serious the offence is.
INDICTABLE OFFENCE
More serious criminal offences, which involve complex court proceedings.
QUASI-CRIMINAL OFFENCE
A non-criminal offence which has similar punishment to a criminal offence, but involves less complicated court proceedings. These matters are not found in the Criminal Code. They are called Provincial Offences, they are found in various provincial laws like Highway Traffic Act.
SUMMARY CONVICTION OFFENCE
These criminal offences carry lower maximum penalties and are subject to less complex court procedures. These matters are heard in the Ontario Court of Justice.
ORDER
An enforceable command the court can tell the defendant to do (such as pay a fine) or not do (such as be in contact with someone.)
ASSESSMENT ORDER
A judge can order a person’s mental capacity to be assessed to find out whether they are able to go through the court process. This includes a test to determine whether they understand what is happening and if they understand the consequences of their actions.
Court may also order a psychological assessment after a conviction to determine if the accused qualifies as a long-term offender or dangerous offender (rare if first conviction)
FORFEITURE ORDER
An order where you are required to give up ownership of your property.
PROHIBITION ORDER
An order which prevents a person from doing certain things, such as owning weapons or driving.
TREATMENT ORDER
A court order to undergo mental health treatment.
PLEA
The answer the accused gives (guilty or not guilty) to the charge that is read out loud (reading can be waived) prior to the start of the trial (plea can be entered before the trial is scheduled).
PRELIMINARY INQUIRY
A hearing where the judge decides whether there is enough evidence to have a trial (not avaliable for most criminal charges, only if the charge is so serious it carries a 14 year maximum sentence, even in those cases sometimes the accused can choose not to have a preliminary hearing).
RECOGNIZANCE
The conditions under which a person is released after a bail hearing. These conditions may include requiring the defendant to be home at certain hours or not to contact other people involved in the case. The defendant or their surety (see Surety Bond) may have to pledge a certain amount of money to offer as security before they are released.
SECURITY
Amount of money the court may be ordered to be paid (many times the money won’t have to be deposited with the court).
SEIZURE
When a court orders the removal of a person’s property without their consent.
SENTENCE
The punishment imposed after a person has been found guilty.
CONCURRENT SENTENCE
When two or more jail sentences are served at the same time (simultaneously). For example, three two-year sentences would result in a 2-year prison sentence.
CONDITIONAL SENTENCE
Under specific conditions, a judge can order a sentence to be served in the community (at home) rather than in prison. This is for shorter sentences which are less than two years.
CONSECUTIVE SENTENCE
When two or more prison sentences are served one after the other. For example, three two-year prison sentences would result in a six year prison sentence.
FINE
Amount of money to pay as a penalty.
INTERMITTENT SENTENCE
A sentence where a person goes back and forth between prison and periods of probation in the community. This is usually done to prevent loss of employment or for child care reasons. These are usually given for short sentences of 90 days or less.
STATEMENT
A description that a witness gives to the police and that they police write down or record.
SUBPOENA
A piece of paper that requires a witness when and where to come to court.
PROBATION
An order (sentence) given by a judge where a person is required to comply with certain conditions to be in the community (considered rehabilitation not punishment by the court)..
REASONABLE GROUNDS
Before the police can charge someone with a criminal offence, they must have reasonable grounds to believe the person has committed the offence, based on reliable information.
RESTITUTION
When a convicted person is ordered by the court to pay money to compensate for the loss or damages their actions have caused.
SUSPENDED SENTENCE
When a Judge holds off imposing a sentence on a convicted person and allows them to prove no further punishment is required by complying with certain conditions as laid out in a probation order.
SUMMONS (TO WITNESS)
A court document which requires a person to appear in court, or produce specific documents.
SURCHARGE
An extra fine, in addition to the original sentence.
VICTIM SURCHARGE
If an accused is convicted or discharged of an offence, they may have to pay a victim surcharge, in addition to other punishments ordered by the court.
TARIFF
Fees paid by Legal Aid for specific legal services.
TESTIFY
Give evidence by answering questions in court posed by the lawyers or the Judge.
TESTIMONY
What a witness says in court.
TRANSCRIPT
The record of what is said in court, taken by a court reporter.
TRIAL
A hearing that takes place when the accused pleads “not guilty” and witnesses are required to come to court to give evidence.
TRIER OF FACT
The person(s) who decide on the outcome of a trial based on evidence and testimony. In a jury trial, the jury are the triers of fact. In a judge-alone trial, the judge is the trier of fact.
VICTIM IMPACT STATEMENT
A written statement by the victim(s) of the crime(s) involved in a court proceeding which describes the personal impact of the crimes.
VICTIM/WITNESS ASSISTANCE PROGRAM (VWAP)
Ontario program which offers support to victims and witnesses of crimes.
VOIR DIRE
A procedure which takes place during a trial (a ‘trial within a trial’) to determine a certain that must be determined before the trial can continue..
SOURCES:
Ontario Ministry of the Attorney General; Ontario Courts; Steps to Justice
Duty counsel(the free lawyer at court), cannot assist you with most parts of a criminal case, including trials or set date appearances (they may be able to help you with bail if you qualify). They are no longer even allowed to provide any assistance or advice unless your income is below the qualifying amount. Duty counsel cannot help you turn yourself in if you have an outstanding warrant.
A court ordered document that allows the police to arrest someone.
An order issued by a judge to a police officer for the arrest of a person who has failed to appear, or remain at a hearing or trial. Bench warrants are a form of arrest warrants.
In circumstances where a person does not appear in court, the court may allow the person to attend on the next appearance by issuing a bench warrant “with discretion“. This process usually requires the person to have a lawyer, is in contact with the lawyer, and the lawyer appears or sends a message on their behalf. This process usually only applies to set date appearance, not trial or substantive motions. The matter is moved to another date and, if the person appears at that time, the warrant is cancelled.
➔ It is the job of the accused to show up in court
➔ If you do not show up, you can have a e criminal defence attorney advise on your behalf as to why you did now show up/missed court.
➔ Your lawyer may be able to convince the court that only a bench warrant with discretion should be issued. This will allow you another opportunity to attend court without an additional criminal charge or being arrested and held in custody until the next appearance or your trial.
➔ If a bench warrant is issued without discretion you risk being arrested in the community or more likely (unless it is a serious charge) arrested the next time you attend court and charged with failure to attend court and breach of your release.
Recommend you Retain a lawyer.
Option 1:
➔ A lawyer may be able to assist in getting the warrant cancelled
➔ If only a couple of days have passed since you missed court, you may be able to ask the court to cancel your bench warrant. This is called having the warrant rescinded.
➔ Bring proof if you had an emergency.
➔ It is up to the discretion of the court to accept your reason for missing court.
➔ You may be able to receive assistance from the duty counsel at the courthouse (if you meet the financial eligibility qualifications) . Bring proof of the reason you missed court. For example, if you missed court because you were in the hospital, bring a letter from the hospital. Duty counsel or your lawyer can ask the court if they will agree to cancel your bench warrant. If your bench warrant is cancelled, you will be given another court date.
➔ If the court does not agree to cancel the warrant, you could be arrested at the courthouse and held by police until you have a bail hearing. It might be several days until you’re released from jail. It is best to retain a lawyer so they can negotiate this ahead of time rather than risk being arrested at the courthouse. If your surrender is negotiated ahead of time, there is a higher likelihood that you can be released from the station with a promise to appear rather than detained in custody for a bail hearing.
➔ https://stepstojustice.ca/steps/criminal-law/2-try-get-warrant-cancelled
Option 2: Discretionary Bench Warrant
➔ Sometimes the court will order a special kind of warrant called a Discretionary Bench Warrant. When a discretionary bench warrant is ordered, the court adjourns your case in your absence without releasing the bench warrant for your arrest to the police. If you go to your next court date, the discretionary bench warrant is cancelled. But if you miss your next court date, a bench warrant could be ordered to have you arrested. You are more likely to get multiple discretionary bench warrants if you have a lawyer, who you are in communication with, advocate for a bench warrant with discretion.
➔ The court will be more likely to issue a discretionary bench warrant if your absence has been explained. If you can’t go to court on the date scheduled, retain a lawyer to attend on your behalf, if you qualify financially a legal aid certificate can be issued to retain a lawyer to appear on your behalf.
➔ If there is no way you can go to court on the date scheduled you should:
– Tell duty counsel (if you qualify financially) or your lawyer.
As a last resort a family member or friend could attend court but that could still lead to your arrest.
A courthouse is a place where judges, and sometimes juries, decide if someone has broken the law.
First it starts with someone allegedly breaking the law and this is taken to the police. If police believe that there is sufficient evidence of a crime they lay a charge or charges. This person who is charged now becomes the defendant. *link to defendant in definitions Police or a Prosecutor*link to Prosecutor in definitions may want to interview a defendant A defendant should NEVER speak to police or a Prosecutor without first getting advice from their lawyer. Once charged a defendant has a choice to plead guilty or not guilty, then a trial occurs.
When you arrive at the courthouse:
Inside the courtroom – Dos and Don’ts:
Court staff are responsible for maintaining security in the courtroom. Follow any direction that they give you. If you do not follow their direction, you may be asked to leave the courtroom.
You might be asked about things that you do not remember or about things that did not happen. If you do not remember, say “I do not remember.” Do not guess. If you know something never happened, say so. If you forget the order in which things happened, it is okay. The most important thing is to tell the truth.
If you begin to feel overwhelmed and require a break, let your lawyer know.
It is easy to get mixed up or to mix up people who are listening to you if you are asked too many questions at a time. You ask your lawyer that you get asked questions only ione at a time
The Role of the Judge
It is the judge’s job to listen carefully to everything that everyone says in court. The judge decides whether a law has been broken. The judge sits at the front of the courtroom.
The judge listens to all the witnesses and makes a decision about the situation. Each story the witness tells the judge is like one piece of a puzzle, and at the end the judge must put all the puzzles pieces together. Then the judge makes the final decision if the accused is found guilty or not guilty.
The Role of the Crown Attorney/Prosecutor
The Crown Attorney is the person who prosecutes the accused. You may hear the Crown Attorney call the defence lawyer “my friend” when they talk in court. This does not mean that they are friends like you and your friends are, it is just what they call each other to show respect.
The role of the Defense Lawyer
The defence lawyer’s job is to help the accused. If you have been charged with a crime, you will be defended by a defense lawyer
The Role of a Court Clerk
The clerk of the court’s job is to help the judge. When the judge comes in, the clerk says, “All rise.” That means everybody must stand up. The clerk reads out the charge at the beginning of the trial to let everyone know which laws the accused has been charged with breaking. The clerk may ask you if you promise to tell the truth. If you agree to tell the truth, say “I do.”
The Role of the Court Reporter
The court reporter’s job is to record what everyone says in the courtroom.
Role of Witnesses
People who were present during the crime will be asked to tell what they saw/heard
If you do not understand what people are asking, say “I don’t understand.” If they repeat it and you still do not know what they mean, ask them to say it in a different way or an easier way.
Role of the Jury
Sometimes a jury decides whether the accused is guilty of breaking the law instead of the judge. A jury is a total group of 12 people who listen to all the witnesses and decide together whether the accused person is guilty or not guilty.
You should always bring the papers that you received from the police when you were released, or the papers you got from the court when you got out on bail.
Here is a checklist that may help you with your first appearance in court.
Some other items that may be helpful with your first appearance are:
If there are special circumstances that affect your case or your next court date, you should bring proof of the circumstances. Examples include:
If you have hired a lawyer who will not be coming with you to your first appearance, then bring any letter of instruction that your lawyer gave you. You may wish to speak to duty counsel and show duty counsel the letter.
In court, you’ll hear lawyers and judges talk about “the Crown” or “a Crown.” They are almost always talking about an assistant crown attorney or a federal prosecutor.
An assistant crown attorney is a government lawyer who prosecutes criminal cases on behalf of the provincial Ministry of Attorney General. A federal prosecutor is also a government lawyer who does the same thing for the federal Department of Justice. Unless you are charged with a drug-related or tax-related offence, your case will most-likely be prosecuted by an assistant crown attorney.
There are many different assistant crown attorneys and federal prosecutors in each courthouse.
In some courthouses, staff from the crown attorney’s office (often called the “crown’s office”) will assist with first appearance court.
When your name is called, go up to the front of the courtroom. There will be a place for you to stand, facing the judge, likely between the Crown and duty counsel (or your own lawyer).
When speaking to the judge, you should refer to him or her as “Your Honour.” If a justice of the peace is sitting at the front of the court, you should refer to him or her as “Your Worship.” Remember, judges wear a red sash while justices of the peace wear a green sash.
You will probably be asked to confirm your name. You may also be asked if you know what you are charged with. If you do not know what you are charged with, you can ask the court to read out your charge(s).
If you haven’t received it before you entered the courtroom, the Crown will then likely give you your disclosure package.
After receiving your disclosure package, the judge will likely ask what you want to do with your case. If you have received advice and/or instructions from your lawyer or duty counsel, you may already know what you want to do, and can tell the judge at this point. However, if you do not know what you want to do, you can ask the judge if you can “hold down” or “stand down” your case until you’ve had an opportunity to speak to your lawyer and/or consider your options.
If you don’t have a lawyer, you may wish to speak to a duty counsel if you haven’t already done so.
If your case gets “held down” or “stood down” your name will get called up again later and you’ll get another chance to tell the judge what you want to do. Try to be patient, as it may take a while before your name gets called up again.
The package of material that you get on your first court date is sometimes called “initial disclosure.” This is because there may be more things that you will receive from the Crown on later court dates. This is usually called “additional disclosure”. The Crown may just give you this additional disclosure on a later court date, or you may have to ask for it, depending on the material.
You should always talk to your lawyer or duty counsel if you feel that something is missing or wrong in your disclosure. Your lawyer or duty counsel may be able to help you ask the Crown for the information that you need. They may also be able to look at your disclosure and tell you if some information is missing that may be important to your case.
If you’ve been charged with a criminal offence, after you are released by the police or get out on bail, you will have to go to court. This is called your first appearance. Your first appearance will usually be a few weeks after you have been released. The courtroom you will have to go to will probably be called one of these following names:
Depending on what you are charged with, you may have to make your first appearance in a special court that deals with only certain charges. Examples of these are:
If you were released by the police, the date, time, and location of your first appearance will be written on a piece of paper given to you by the police. This paper is usually called an appearance notice, a summons, or a promise to appear. If you have been released on bail, the date, time and location of your first appearance will be on a piece of paper given to you by the court. This piece of paper will usually be called a recognizance or an undertaking.
To help you remember, always write your court date onto a calendar, enter it into your phone or wherever you record important dates. Also, try to arrange to take the day off work and child-care for minor children for the day you go to court.
It is possible for your case to be finished on your first appearance date. This depends on the legal advice you receive, and other factors, some of which may be beyond your control.
However, you should be prepared for the likely possibility that your case will not be over on your first court date.
You must remember that unless the Crown is withdrawing your charge(s) or you are going to plead guilty to your charge(s) on your first appearance date, the court will give you a new date to return to court. This is called an adjournment.
It is not unusual for a case to be adjourned on your first appearance date. This could be for many different reasons. A case may be adjourned at your request or the request of the Crown. Whether or not you or the Crown is asking for an adjournment may be very important in your case. This is why you should speak to your lawyer or duty counsel before telling the judge what you want to do.
If your matter is adjourned, the court will then give you a new court date and time for your next appearance. In most courthouses, you will be handed a reminder slip with your next court date on it.
Your first appearance date will not be for a trial. Making arguments about your case, presenting evidence, and calling witnesses happen at a trial. Depending on what you want to do with your case, you may or may not have a trial.
If you have something to say about your case, tell it to your lawyer or duty counsel. Your lawyer or duty counsel may be able to talk to the Crown in private about your case in something called a Crown pre-trial or a resolution meeting.
Your first court date should be focused on getting information, getting organized and starting to think about what you might want to do with your case. You’ll also be able to tell the judge what you would like to do with your case. It is always a good idea to speak to your lawyer or duty counsel about your options before you decide what you want to do.
Some courthouses hold an information session before first appearance court starts. This session is to help you understand the court process and explain some of the legal options you may have. This information session is not meant to replace the legal advice that you can get by speaking to your lawyer or duty counsel.
There may also be people outside of the courtroom to help you on your first appearance date. They are usually staff from the Crown’s office. You should line up and let the staff know you have arrived by giving them your name. You may also be able to get disclosure before you go into the courtroom by doing this.
In some courthouses, you won’t be able to get your disclosure until your name is called and you are at the front of the courtroom.
In other courthouses, you may be asked to enter the courtroom before court starts and “check-in” by giving your name to a police officer or the Crown at the front of the courtroom.
Try to arrive at least 30 minutes before you are scheduled to be in court. If you’re not sure what to do, go to the courtroom you are scheduled for; there may be people outside of the courtroom to help you.
If you don’t have a lawyer with you on your first appearance, you can speak to duty counsel before you go into the courtroom. If you have a lawyer, and they have left you instructions (usually a letter), you should tell duty counsel this because they may help you present those instructions to the judge.
You should try to be in the courtroom before court starts. This is because your name could get called and you’ll have to go to the front of the courtroom and speak to the judge. If you hear your name called and you are in the hallway or speaking to duty counsel you should go into the courtroom.
Enter the courtroom, take a seat in the “body” of the court and wait for your name to be called. The body of the court is the area of seating behind where the lawyers sit. You usually cannot enter the area where the lawyers sit unless the judge or the Crown asks you to.
Here are some things to remember:
Disclosure is a copy of the evidence that the Crown and police have collected to prosecute your case. It is given to you because it is your constitutional right to know the evidence that will be used against you.
Disclosure usually comes in a package that will be given to you by the Crown when you’re standing at the front of the courtroom, after your name has been called. In some courthouses, you may be able to get your disclosure before court starts.
Disclosure will probably look like a package of papers stapled together.
The package usually includes things like:
You will usually get your disclosure on your first appearance date. If this doesn’t happen, you will want to let the judge know that you didn’t get your disclosure. You may also get more disclosure if you come back to court for further court dates.
Your disclosure package will also have a written summary of the Crown’s version of the incident that led to your charge(s). This is called a synopsis. You may or may not agree that things happened the way the synopsis says they did. When looking at your disclosure, it is important to remember that it represents the evidence gathered by the police and it may not include your side of the story.
The first or second page of the disclosure package is usually called a crown screening form or a charge screening form. It will have tick boxes on it that will look something this:
The Crown is proceeding:
[ ] By summary conviction.
[ ] By indictment.
On a guilty plea, the Crown:
[ ] Will ask for custody.
[ ] Will not ask for custody.
After a trial date is set, the Crown:
[ ] Will ask for custody.
[ ] Will not ask for custody.
This form is very important because it tells you whether or not the Crown will ask for a jail sentence if you plead guilty or if you’re found guilty after a trial. It will also tell you if the Crown is proceeding by way of summary conviction or by indictment.
Depending on what it says, this form may influence what you want to do with your case. If you have trouble understanding this form, or anything in the disclosure package, speak to your lawyer or to duty counsel.
A resolution meeting (or Crown pre-trial) is a meeting held between the Crown and your lawyer or duty counsel. You will probably not be able to attend the meeting. For legal reasons, the Crown will rarely meet with a person who has been charged.
Examples of when a resolution meeting might happen are when:
It is important to remember that it is the Crown’s decision to withdraw charges or agree to change your bail. Your lawyer or duty counsel will argue on your behalf, but they do not make the decision. However, if the Crown does not agree to the bail change that you want, your lawyer or duty counsel may be able to tell you about other possible ways of getting your bail changed.
You should immediately go into the courtroom, wait for your name to be called, and be prepared to tell the judge what you want to do with your case.
There are many different things that you may want to do with your case. What you do depends on your situation and the legal advice that you receive. You should always think carefully about what you want to do and get legal advice before you make a decision. If you don’t know what to tell the judge, duty counsel may be able to assist you by speaking to the judge for you. Because they are lawyers, duty counsel may be able to explain your situation to the judge in a manner that protects your rights.
Here are some examples of requests that may be made on a first appearance date:
Note: Pleading guilty is a serious decision. You should only do this if you have received legal advice from your lawyer or duty counsel.
Follow the below to create a physical binder or use an online cloud based system to organize and gather paperwork. If using a cloud based system, print off important documentation to bring to your court appearance. (Insert Link to creating a Binder/Cloud Account). If needed, ask for help from someone you trust. If you need support with this contact BIST. (Insert Link to BIST contact info)
Create the following sections or folders:
