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Difference between revisions of "Criminal Law Glossary (1:App F)"

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{{REVIEWED LSLAP | date= August 4, 2021}}
{{REVIEWED LSLAP | date= August 1, 2023}}
{{LSLAP Manual TOC|expanded = criminal}}
{{LSLAP Manual TOC|expanded = criminal}}


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'''Bail Conditions'''
'''Bail Conditions'''
*Release conditions imposed on an accused that he or she must abide by in order to be released from custody prior to trial or plea.
*Release conditions imposed on an accused that they must abide by in order to be released from custody prior to trial or plea.


'''Bench Warrant'''
'''Bench Warrant'''
*A bench warrant is an order issued by a judge requesting the detention of a person until he or she can appear in court. Such an order is often issued because a defendant did not appear in court.
*A bench warrant is an order issued by a judge requesting the detention of a person until they can appear in court. Such an order is often issued because a defendant did not appear in court.


'''Complainant'''
'''Complainant'''
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'''Conditional Discharge'''
'''Conditional Discharge'''
* A conditional sentence is a jail sentence that you serve in the community instead of jail. Judges will use a conditional sentence only if they are satisfied that you will not be a danger to the community and do not have a history of failing to obey court orders.
*Similar to an absolute discharge except that, after a guilty plea is entered, a period of probation is imposed on an accused. After the period is complete, no convictions will appear on a criminal record.  


'''Conditional Sentence'''
'''Conditional Sentence'''
*A conditional sentence is a jail sentence that you serve in the community instead of jail. Judges will use a conditional sentence only if they are satisfied that you won’t be a danger to the community and don’t have a history of failing to obey court orders.
*A conditional sentence is a jail sentence that you serve in the community instead of jail. Judges will use a conditional sentence only if they are satisfied that you won’t be a danger to the community and do not have a history of failing to obey court orders.


'''Confession'''
'''Confession'''
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'''Judicial Case Manager'''
'''Judicial Case Manager'''
*A JP who controls the calendar for the court and sets trial dates.
*A Justice of the Peace who controls the calendar for the court and sets trial dates.


'''Justice of the Peace (JP)'''
'''Justice of the Peace (JP)'''
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'''Initial Appearance(s)'''
'''Initial Appearance(s)'''
*An appearance before a JP or Judge where the accused can decide how to proceed. There can be multiple initial appearances.
*An appearance before a Justice of the Peace or Judge where the accused can decide how to proceed. There can be multiple initial appearances.


'''Initial Sentencing Position'''
'''Initial Sentencing Position'''
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'''No Evidence Motion'''
'''No Evidence Motion'''
*When the Crown has presented the case against you, if you feel that he or she has failed to prove all the things that had to be proved, you can make a no evidence motion. This means that you are asking the judge to dismiss the case, without hearing the defence evidence.
*When the Crown has presented the case against you, if you feel that they have failed to prove all the things that had to be proved, you can make a no-evidence motion. This means that you are asking the judge to dismiss the case, without hearing the defence evidence.


'''Particulars'''
'''Particulars'''
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'''Summons'''
'''Summons'''
*A written order by a judge or JP requiring the accused to attend court at a certain date and time.
*A written order by a judge or Justice of the Peace requiring the accused to attend court at a certain date and time.
 
'''Suspended Sentence'''
*Where a judge has decided to suspend the passing of a sentence for one to three years and release the accused subject to a probation order. Unlike a conditional discharge, when the probationary period is up the accused’s criminal record will show a conviction.  


'''The Bar of the Court'''
'''The Bar of the Court'''
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'''Vacating a Warrant'''
'''Vacating a Warrant'''
*In order to vacate a bench warrant, the client will need appear before a judge and apply to be re-released on bail.
*In order to vacate a bench warrant, the client will need to appear before a judge and apply to be re-released on bail.


'''Verdict'''
'''Verdict'''
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