{"id":1590,"date":"2020-08-31T17:00:57","date_gmt":"2020-08-31T21:00:57","guid":{"rendered":"https:\/\/www.abijustice.org\/survivor\/?page_id=1590"},"modified":"2023-12-13T13:16:50","modified_gmt":"2023-12-13T18:16:50","slug":"legal-glossary","status":"publish","type":"page","link":"https:\/\/www.abijustice.org\/brain-injury-community\/criminal-court-proceedings-and-brain-injury\/legal-glossary\/","title":{"rendered":"Legal Glossary"},"content":{"rendered":"

[vc_row full_width=”stretch_row” css=”.vc_custom_1601165324960{padding-top: 60px !important;}”][vc_column width=”1\/4″][vc_separator][vc_wp_custommenu nav_menu=”57″][\/vc_column][vc_column width=”3\/4″][vc_single_image image=”1815″ img_size=”full”][vc_column_text]Legal language can be confusing to the general public.<\/p>\n

The following legal glossary is a list of words you may encounter after you\u2019ve been charged with a crime in Ontario. The words are listed in alphabetical order and definitions are in plain language.\u00a0 You can find a more detailed list on the Ontario Ministry of the Attorney General\u2019s website, HERE<\/u><\/a>
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A<\/a> B<\/a> C<\/a> D<\/a> E<\/a> F<\/a> G<\/a> H<\/a> I<\/a> J<\/a> K<\/a> L<\/a> M<\/a> N<\/a> O<\/a> P<\/a> Q<\/a> R<\/a> S<\/a> T<\/a> U<\/a> V<\/a> W X Y Z<\/p>\n

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\nA<\/b><\/h2>\n

ACCUSED<\/b><\/p>\n

The accused is the person who is charged with a crime. During a criminal trial, the accused is referred to as the defendant<\/abbr>.<\/p>\n

ACQUITTAL<\/b><\/p>\n

When the person charged with a crime (the accused) is found NOT GUILTY of the crime they were charged with.<\/p>\n

ADJOURNMENT<\/b><\/p>\n

When a hearing has been moved to a later date.<\/p>\n

AFFIDAVIT<\/b><\/p>\n

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<\/a>.<\/p>\n

AFFIRMATION<\/b><\/p>\n

A statement made by a person to promise to tell the truth.<\/p>\n

ALLEGATION<\/b><\/p>\n

Something that someone says has happened (unproven).<\/p>\n

APPEAL<\/b><\/p>\n

If you believe an error was made\u00a0 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<\/b>. 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.<\/p>\n

APPEAL PERIOD<\/b><\/p>\n

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.<\/p>\n

APPEARANCE NOTICE<\/b><\/p>\n

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.<\/p>\n

For more serious charges, you may be held in custody until you have a bail hearing.<\/p>\n

ARRAIGNMENT<\/b><\/p>\n

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.<\/p>\n

ARREST<\/b><\/p>\n

The police can arrest you and take you into custody under certain conditions such as:<\/p>\n