lesson 8 Flashcards
(13 cards)
summary conviction offense
generally, a less serious criminal offense that is tribal before a magistrate or judge and, on conviction, carries a maximum penalty of a fine (not to exceed $5,000) or 6 months in a provincial Correctional facility, or both.
indictable offense
generally, a more serious criminal offense that may carry a maximum prison sentence of 14 years to life; examples include murder, robbery, and aggravated sexual assault.
hybrid (elective) offenses
offenses that can be proceeded summarily or by indictment- a decision that is always made by the crown.
preliminary hearing
a hearing to determine if there is sufficient evidence to warrant a criminal trial
judicial interim release ( BAIL )
the release of a person charged with a criminal offense prior to a trial
remand
the status of accused persons in custody awaiting trial or sentencing
security certificates
a process whereby non-Canadian citizens who are deemed to be a threat to the security of the country can be held without charge for an indefinite period of time
please bargaining
an agreement whereby an accused pleads guilty in exchange for the promise of a benefit
open court principle
the principle that, with certain exceptions, every stage of the court process must be open and accessible to the public
stay of proceedings
an act by the court to terminate or suspend Court proceedings after they have commenced
NCRMD- not criminally responsible on account of mental disorder
a defense that relieves the accused person of criminal responsibility due to a mental disorder
restitution
a court-ordered payment that the offender makes to the victim to compensate for loss or damage to property
criminal injury compensation
the financial remuneration paid to criminal victims
