Appendix A. Glossary of Terms

• Author: Richard D. Schneider - Hy Bloom - Mark Heerema
• Pages: 233-242

233

appendix a

Glossary of Terms

absolute discharge: a court decision made when, in the best interests of the

accused and not contrary to the public interest, a person who has been found

guilty of, or pleads guilty to, an offence under the Criminal Code, is relieved

from sentencing by that court, without conditions. The offender has no rec-

ord of a criminal conviction or “no criminal record” for employment pur-

poses. The offender does have a record of a f‌inding of guilt.

accused: a person who is charged with a criminal offence; the defendant in

a criminal action.

adjournment: the postponement of a hearing or court sitting, usually because

the scheduled proceedings were not completed or ready to commence.

adult detention: the temporary care of adults in physically restricted facili-

ties usually referred to as jails, detention centres, or lockups, pending court

disposition or transfer to another jurisdiction or agency.

alias: an assumed name.

arrest: the act of restraining, seizing, or physically detaining a person by legal

authority.

arrest warrant: the document signed by a judge or a justice of the peace,

authorizing those to whom it is addressed to apprehend a person and bring

that person before a justice of the peace.

bail: under Canadian law, with a few exceptions (such as murder), there is a

presumption that an accused should be given some form of pretrial release

unless it can be established that her detention until trial is necessary. There

are various forms of release available. “Bail” refers to the form of release in