Glossary
In Criminal Law
A “primary designated offence” is a serious offence, such as a sexual assault or a serious assault. If you’re convicted of a primary designated offence, the court must ask for a DNA sample from you. A record of your DNA sample will be kept in the National DNA Data Bank.
In Criminal Law, Types of Offences, Bail, Probation, and Court Attendance, Assault, Driving, Drugs, Firearms, Gender-based violence, Harassment, Mischief, Theft, Threats, Victims and witnesses
A private prosecution is when an individual tries to have another person charged with a crime and brought to court. To apply for a private prosecution, the person must have reasonable grounds to believe that someone committed a crime.
In Criminal Law
This is a special way of treating certain types of information. Information that is privileged cannot be used or shared in court or disclosed to anyone outside of court unless permission is given by the party to whom the privilege attaches. Privilege helps to encourage relationships that are necessary for the proper functioning of the judicial system. This includes relationships between:
- lawyers and their clients
- confidential tipsters and the police
Probation can be something a criminal court orders that you have to do as part of your sentence. A sentence is the punishment the court gives you if you’re found guilty.
Probation usually comes with conditions. For example, you may have to report to a probation officer or go to a drug treatment program.
In Criminal Law
A prohibition is something that a court order forbids you from doing. For example, if you committed a violent offence, you will probably not be allowed to own a weapon for 5 or 10 years. The prohibition is usually given as part of a sentence. A sentence is the punishment that the court gives you if you’re found guilty.
In Criminal Law
A promise to appear is a legal document that you sign. It says that you promise to go to court on a specific date.
In Criminal Law
This means having legal proceedings against someone accused of a crime to see if that person is guilty.
In Criminal Law
Crown prosecutors are lawyers employed by the Criminal Justice Branch of the Ministry of the Attorney General. They are also known as the Crown, prosecutors, or Crown counsel.
Crown prosecutors present the case against you at court. They will try and prove the allegations against you beyond a reasonable doubt by calling witnesses to testify in court. They have a responsibility to make sure that the evidence is presented fairly. The Crown’s job is not about winning or losing.
In Criminal Law
Provincial offences are minor non-criminal offences, such as traffic violations. These offences are dealt with in the Ontario Court of Justice by a judge or a justice of the peace.
In Criminal Law
Before doing specific things, like charging you with a criminal offence or conducting a search, the police must have reasons to believe that you:
- could have committed a criminal offence, or
- have evidence or weapons related to a criminal offence.
Their reasons must be based on reliable information. Having reasonable and probable grounds is more than having a hunch or suspicion, but less than being able to show a balance of probabilities.
“Reasonable and probable grounds” and “reasonable grounds” mean the same thing.