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Going to Court
Defending Yourself in Provincial Court, Fact Sheet 6: Key Legal Terms
Key Terms: Definitions of legal words and phrases in this pamphlet
Accused: A person who is charged with a crime.
Acquittal: A judgment by the court that the accused is not guilty of the charge.
Adjournment: The court hearing is temporarily stopped until another time or day.
Affidavit: A written statement sworn or affirmed to be truthful and signed in front of the person to whom it is sworn.
Appearance notice: A document which tells the accused to go to court at a specific time to answer charges that have been laid.
Beyond a reasonable doubt: The level of proof normally needed to find a person guilty of having committed an offence.
Charge: A formal accusation that a person has committed a specific offence.
Conviction: A judgment by the court that the accused person is guilty of the charge.
Counsel: A lawyer.
Criminal offence: An offence that violates the Criminal Code of Canada. If convicted of a criminal offence a person has a criminal record. There are two types of criminal offences:
- Indictable offence: A serious offence, such as murder which has serious penalties (two years to life imprisonment).
- Summary Conviction offence: A less serious offence with lesser penalties (under six months in jail and/or $2000 in fines).
Criminal record: A person who is convicted of a criminal offence has a criminal record.
*Conviction of a provincial offence does not give you a criminal record.
Cross-examination: Both the prosecutor and the defence have the right to question (cross-
examine) a witness the other side calls.
Crown file: The information the prosecutor puts together and uses to prove a case at trial.
Crown witness: A witness the prosecutor calls.
Defendant: A person against whom a legal proceeding has been taken.
Direct-examination: When a witness is questioned by the lawyer who called them to testify.
Duty Counsel: A lawyer available at the courthouse to offer free advice and help to people who do not have alawyer. He or she can explain the court process, give informal advice about a plea and explain sentencing.
Evidence: Anything relevant to the guilt or innocence of the accused not excluded by law.
Failing to appear: An offence for not going to a court appearance.
Guilty: The decision by the judge or the jury that the accused committed the crime. An accused can admit he or she did the crime by pleading guilty.
Hearing: A proceeding for the presentation of evidence in court, for example, a preliminary inquiry, a trial, or a sentence hearing.
Indictable offence: See Criminal offence.
Judge: A person with the authority to hear evidence and decide cases in court.
Laying an Information: Laying an information, also called laying charges, means presenting, under oath, a formal written accusation charging someone with committing a crime to a judge.
Leading questions: Questions that suggest an answer to the witness.
Oath: A legally binding promise to tell the truth made by swearing on the Bible or other religious document, for example, the Koran. A person who does not want to swear on a religious document makes an "affirmation".
Objection: If a person involved in a court proceeding thinks the other side is breaking a rule of evidence, they can ask the judge not to allow the evidence. This is called an objection.
Offence: Violation of a federal, provincial or municipal law. Offences can range from very serious offences to less serious offences. See Criminal offence and Provincial offence.
Particulars: The facts of an offence.
Plea: The answer of an accused ("guilty" or "not guilty") when charged with an offence.
Pre-sentence report: A description of the accused’s family life and personal situation, prepared by a probation officer, which helps the judge decide an appropriate sentence.
Prosecutor: The lawyer representing the public. In New Brunswick the full title is the Crown prosecutor. At the trial the prosecutor presents evidence against the accused.
Provincial offence: Violation of a provincial law. Some of these offences include speeding, hunting at night, parking in a disabled parking spot and drinking liquor in public. Conviction of a provincial offence does not give you a criminal record.
Relevant: Evidence which helps to prove something.
Sentence: The punishment given to a person convicted of an offence.
Sentence hearing: A hearing held after the accused has been found guilty of an offence. The judge can hear evidence to help decide on an appropriate sentence.
Statement: A description of events given to the police. Usually a statement is in written form and the person giving the statement signs it.
Submission: The final statement each side makes to the judge.
Summons: A court order telling a person when and where they must appear as a witness.
Summary conviction offence: See Criminal offence.
Testify: To make a statement in court under oath.
Testimony: Statements made in court by a witness under oath.
Trial: A hearing where both sides present evidence and the court makes a decision.
Verdict: The decision of a judge or jury about the guilt or innocence of the accused.
Witness: A person who testifies in court because they have information about the case.
Published by:
Public Legal Education and
Information Service of New Brunswick
P.O, Box 6000
Fredericton, NB
E3B 5H1
Tel: 506-453-5369
Fax: 506-462-5193
http://www.legal-info-legale.nb.ca
Revised: March 2007
ISBN: 978-1-55396-937-2
 Back to Criminal Courts
Disclaimer: Please note that our website contains general information about the law. This is not a complete statement of the law on particular topics. We try to update our publications often, but laws change frequently so it is important for you to check to make sure the information is up to date. The information in our publications is not a substitute for legal advice. To receive legal advice about your specific situation, you need to speak to a lawyer.
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