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{{REVIEWED LSLAP | date= August | {{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 | *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 | *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''' | ||
* | *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 | *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 | *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 | *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 | *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 | *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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