Glossary
In Criminal Law
A plea bargain is an offer made by the Crown in exchange for a guilty plea. It’s called a “plea bargain” because, if you plead guilty instead of having a trial, you can ask the Crown to drop some of the charges against you, or you can ask for a lighter sentence.
In Criminal Law
A plea inquiry is a series of questions that you must answer before you can plead guilty. The purpose of the plea inquiry is to show the judge that:
- you are pleading guilty voluntarily and that no one has pressured or forced you to plead guilty
- you understand what it means to plead guilty, for example, that you are giving up your right to a trial and to have the Crown prove the charges against you beyond a reasonable doubt
- you are aware of what can happen to you if you plead guilty, for example, that you could go to jail and get a permanent criminal record
In Criminal Law
If you plead guilty, you accept responsibility for the crime you’re charged with. You give up your right to a trial. The Crown won’t have to prove you committed the crime.
After you plead guilty, you will have a sentencing hearing.
If you plead not guilty, you have the right to a trial where the Crown will try to prove the crime against you beyond a reasonable doubt.
In Criminal Law
This means that you deny committing the offence(s) that you are charged with. The Crown must decide to either go to trial or to withdraw the charge.
In Criminal Law
You, the Crown, or the judge can ask for a pre-sentence report. It is written by a probation officer. The report helps the judge understand your background, current situation, and future opportunities before the judge sentences you.
In Criminal Law
If you’re charged with a crime and spend time in jail, the time you spend in jail before being found guilty is called pre-trial custody. If you’re convicted of a crime and sentenced, the judge may give you credit for your time in pre-trial custody. This means that your sentence could be reduced by a certain amount for every day you were in pre-trial custody.
In Criminal Law
Motions are used by the Crown and defence lawyer to request that the court do something. These are applications that occur before the trial. They usually require written materials and attendance at court to argue the motion.
Pre-trial motions are argued once it has been decided that a case is going to trial. Some common pre-trial motions request the court to:
- allow or exclude specific items of evidence
- allow or prevent witnesses from testifying
- change the location of the trial (change of venue)
- stay the charge
In Criminal Law
A proceeding in the Ontario Court of Justice available to people being prosecuted by indictment. A preliminary hearing does not determine guilt or innocence. It is used to determine whether there is enough evidence for committal. The test for committal is whether there is any evidence upon which a properly instructed jury could convict. If you are not committed to stand trial, you will be discharged and your case will be over. A preliminary hearing is also known as a preliminary inquiry.
A proceeding in the Ontario Court of Justice available to people being prosecuted by indictment. A preliminary inquiry does not determine guilt or innocence. It is used to determine whether there is enough evidence for committal. The test for committal is whether there is some evidence that a judge or jury could use to convict you at a trial. If you are not committed to stand trial, you will be discharged and your case will be over. A preliminary inquiry is also known as a preliminary hearing.
In Criminal Law
If you are accused of a crime you are entitled to be considered innocent until the Crown has proven you to be guilty beyond a reasonable doubt. This means that the burden is on the Crown to prove you committed the crime, you do not have to prove you are innocent.