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KAWARTHA
SEXUAL ASSAULT CENTRE
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411
Water Street, Suite 102
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Peterborough,
Ontario K9H 3L9
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Business
Line (705) 748- 5901 Fax: (705) 741- 0405
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Office
Hours Monday to Friday 9:30 a.m. - 4:30 p.m
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SEXUAL
ASSAULT LEGAL KIT
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Glossary
of Terms
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| Accused | |||||||||||||
| A person charged with a crime. "Accused" is the generic name for the defendant in a criminal case. | |||||||||||||
| Appeal | |||||||||||||
| The judicial process by which one party resorts to a superior court to correct what the party believes to be an error in the original proceeding. | |||||||||||||
| Bail | |||||||||||||
| The accused is released to a person who is entrusted to the court and they must produce that person at a time and place as designated by the court. The person who is bound to the court is called a surety. | |||||||||||||
| Complainant | |||||||||||||
| The person who states that a crime has been committed. Also referred to as a "victim" and as a "survivor" in sexual assault cases. |
| Court Personnel | ||||||
| The court security officer is required to maintain safety in the courtroom. The court clerk handles the records of the trial (evidence and oaths) and announces the beginning and ending of the court session. The court reporter records or makes a transcript of everything that is said in court. | ||||||
| Criminal Injuries Compensation Board | ||||||
| An administrative tribunal set up under the Victims of Crime Act to compensate victims of crime. | ||||||
| Criminal Code of Canada | ||||||
| A collection or system of laws arranged systematically and promulgated by legislative authority, such as the Criminal Code of Canada. | ||||||
| Cross-Examine | ||||||
| To be cross-examined is to be questioned. The purpose of a cross-examination is to weaken, qualify or destroy the case of the opponent and to establish the party's own case by means of the opponent's witness. | ||||||
| Crown Attorney | ||||||
| The Crown represents the state or Canada. The Crown Attorney is a lawyer. At the trial, the Crown presents evidence of the crime and tries to prove that the accused committed the crime. The Crown attorney has a mandate that s/he must follow. | ||||||
| Crown Witness | ||||||
| A Crown witness is anyone the Crown subpoenas to court to testify on the Crown's behalf. | ||||||
| Defence Counsel | ||||||
| The defence counsel is the lawyer who represents the accused. | ||||||
| Defence Witness | ||||||
| A defence witness is anyone called to testify on behalf of the accused. | ||||||
| Evidence | ||||||
| All the means by which any alleged matter of fact, the truth of which is submitted to investigation at the judicial trial and is established or disproved. | ||||||
| Guilty | ||||||
| To violate a law and made himself/herself liable to or deserving of punishment. | ||||||
| Hearing | ||||||
| A proceeding marked by certain formalities, held by a court of law, or judicial, or administrative tribunal where defined issues of fact or law are determined. | ||||||
| Judge | ||||||
| One invested with the authority to preside and administer the law in a court in Canada. Judges are appointed by the Governor General. | ||||||
| Jury | ||||||
| A certain number of persons, selected according to the law, sworn to deliver a verdict upon the evidence presented to them. | ||||||
| Justice of the Peace | ||||||
| Often referred to as "JP". The "JP" is a minor judicial officer who is commissioned to perform both administrative and judicial functions. | ||||||
| Offence | ||||||
| A crime or a violation of a statute generally entailing consequences. | ||||||
| Police Officer | ||||||
| The Police Officer or Band Constable (a Police Officer on a Reserve) maintains the public peace and enforces the laws. | ||||||
| Plea | ||||||
| This term refers to the formal answer of an accused in the criminal proceedings. | ||||||
| Probation | ||||||
| The suspension of a sentence of a criminal court, granted upon the condition of good behaviour and the accused complying with such terms as may be imposed by court. | ||||||
| Sentence | ||||||
| This is the formal judgment of a court in criminal proceedings which follows the conviction of an accused person whereby some form of punishment is imposed upon the accused. | ||||||
| Sexual Assault Evidence Kit | ||||||
| A collection of information used in the court proceedings. | ||||||
| Summation | ||||||
| The summation is a collection of evidence that provides the judge with legal arguments in favour of the defence or Crown's respective case. | ||||||
| Testimony | ||||||
| The evidence of a witness given orally in a court. | ||||||
| Trial | ||||||
| The examination of a cause, civil or criminal, before a judge who has jurisdiction over it. | ||||||
| Victim Impact Statement | ||||||
| The victim impact statement is a form given to survivors so that they can record the effects of the assault. | ||||||
| Victim/Survivor | ||||||
| The victim or survivor is the person who has been assaulted or attacked. | ||||||
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