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Crown Prosecutor

Crown prosecutors, also known as prosecutors, Crown counsel, or the Crown, are lawyers employed by the Criminal Justice Branch of the Ministry of the Attorney General.

The Crown has a duty to make sure that all available legal proof of the facts is presented fairly. The Crown’s job is not about winning or losing. The Crown is an officer of the...

adjournment

An adjournment is when your day in court is cancelled and rescheduled for another date. This can happen for many reasons, for example, if you are not ready to go to court or the court does not have time to hear your case on a particular day.

undertaking to an officer in charge

After you've been charged with a criminal offence, a police officer may give you an "undertaking to an officer in charge", along with a promise to appear. The undertaking to an officer in charge is also known as Form 11.1. It includes conditions similar to those required for bail. For example, you may be required to pledge up to $500 security...

withdrawn charges

When the Crown decides to stop prosecuting a person, the charges against that person are either withdrawn or stayed.

If your charges are withdrawn:

  • You will have no more court appearances for the charges.
  • You will not be found guilty of the charges.
  • You are free to go unconditionally.

trial

A trial is a court hearing to determine whether the crown has proven guilt beyond a reasonable doubt. Trials result in findings of guilt or acquittals. If found guilty, the accused is sentenced. If they are acquitted, they are considered innocent of the offence and the case is over.

subpoena

A subpoena is a court order that says a person must go to court. It's also called a summons.

You may get a subpoena if you're a witness in a court case. The subpoena tells you:

  • where and when to go to court,
  • who you are a witness for, and
  • if you need to bring any documents or evidence to court.

If you do not...

show cause hearing

This is a different name for a bail hearing. At a show cause hearing, a judge or justice of the peace decides if you can be let out of custody or must remain in custody until your trial. You will have a bail hearing if the police officer who arrested you decides to not let you leave the police station.

It is called a "show cause hearing"...

plead not guilty

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.

house arrest

House arrest is a type of sentence that you might get if you’re convicted of a crime, or as a condition of your bail. This means you usually cannot leave your house, except for emergencies or if the court has ordered exceptions, for example, for you to go to work or school.

recognizance

This is a type of release from custody. If you've been released from custody after a bail hearing, you will get a recognizance of bail. This document states the terms under which you have been released. It says when you must go to the court. It may also include conditions of your release. For example, you may be required to be home during...