Common forms in Criminal Law
Whether you’ve been charged, are a student, or are simply curious, here you will find a number of sample documents used in criminal law.
Each document is accompanied by a simple breakdown so you can understand what you’re looking at.
Some of the documents found are:
- Release documents like Undertakings and Release Orders;
- Documents in your disclosure like the Crown Screening Form and Charge Sheet;
- An Information and an Indictment;
- Sentencing Documents like Probation Orders, Weapons Prohibitions, and DNA Orders;
- A Peace Bond;
- A Sample Disclosure Package.
This page is regularly updated so check back often.
undertaking
When you’re charged with a criminal offence but your charge (or record) doesn’t require holding you for bail, police still need a way to legally compel you to appear for fingerprinting and court.
Your charge may also warrant placing conditions on you to protect the complainant and the evidence.
That’s where an Undertaking comes in.
Some key points:
- The red arrow points to your charges.
- The blue arrow shows when and where your first court appearance is.
- The yellow line across the left side indicates where your remaining terms will be found. Common terms will prohibit you from contacting the complainant and witnesses. You will be prohibited from going to any place where they may be as well.
- Note that the purple arrow points to the “catch all” section: 5(l). This is where an officer can including a condition that may not fit neatly into an existing category.
- Lastly, the purple arrow shows you when and where your fingerprinting and photographs will take place. They are typically done at a police station but, as with this example, can be done at a courthouse or similar location as well. If fingerprinting wasn’t done when you were charged, this section should be filled out.
If any section is blank, it does not apply.
recognizance
A Release Order is similar to an Undertaking except that it is issued by a Justice of the Peace or a Judge.
When police either refuse to release an accused following their arrest or are ordered not to (in a court-issued warrant that is unendorsed), the accused is held for bail; said another way, it’s up to the court to determine whether the accused can be released pending trial.
Another common feature of a Release Order is the availability of a Surety: someone who is responsible for supervising the accused during his/her release.
Points of Interest:
- The charges will be found at the blue arrow.
- The yellow bar on the left side is where release terms are set out. These terms will be similar to the ones available in an Undertaking.
Lastly, when a release order is issued, a next court date will be set. That date can be found at the red arrow. Find out what the first court date is about at our First Time Charged page.
(Crown) charge screening form
When an officer lays a charge, a file is prepared containing the evidence (witness statements, surveillance video, etc.).
That file in then sent to the Crown Attorney’s Office (prosecutors) where they will give it a quick review and complete a Charge Screening Form.
This form sets out the Crown’s initial position on a file. Said another way, what the Crown would ask for if the accused wanted to resolve the matter today.
The first box will have the accused’s name, the Scope number (the Crown’s file number), and the charges.
Below this, we have how the Crown intends to proceed (almost always “as charged”) This is followed by how the Crown elects: Summarily (our “misdemeanor”) vs by Indictment (“felony”).
“Summarily if limitation period waived” refers to the one-year limitation period in place for laying summary charges. There is no limitation for when proceeding by indictment. Therefore, if you waive the limitation period, the Crown will proceed with the less serious version of the charge. “Deferred” means the Crown hasn’t decided yet.
Number three lists options the Crown may choose when dealing with a file. Direct Accountability, Domestic Intervention, Diversion through Indigenous or mental health routes—these are all programs, usually involving counseling, that if successfully completed, can result in the Crown suggesting a lower-than-usual sentence or withdrawing the charge altogether. Entering into a peace bond will result in the charges being withdrawn.
The last box is important: this is where the Crown sets out the sentence they would ask a judge for. Here you may see any range of sentences that will give you a good idea of how seriously the Crown is taking the allegations against you. (Absolute or Conditional Discharge, Suspended Sentence, Fine, Conditional Sentence (house arrest/curfew), or custody).
This position can and often does change. Remember that the Crown usually has only taken a glance at the file. Evidence is not always as strong as it may first appear; sometimes the summary of the file written by the officers may be exaggerated.
Section 5 lists what are known as Ancillary Orders: DNA, weapons prohibitions, and non-communication orders. In the case of DNA and weapons, depending on the charge, these may be ineligible, discretionary, or mandatory orders.
An Adult and a Youth sample charge sheet is included here.
charge sheet
A Charge Sheet sets out the charges against the accused, followed by the investigating officer’s summary of what is alleged to have occurred.
Basically, it is a summary of the allegations.
The yellow box shows where the charges are set out. In this example, the accused is charges with two counts of Assault with a Weapon.
The orange box is the technical wording of the charge. At the beginning of a trial or a guilty plea, this is the wording that will be read to the accused. The court will then ask whether that person pleas “guilty” or “not guilty” to each charge. This process is known as the “arraignment”.
The red box is where the officer’s summary of the offence is found.
This document is important as it is the first thing the Crown (prosecutor) will look at when they get a file. If the allegations set out are inaccurate or exaggerated, it can lead to the Crown taking a harsher position in a Screening Form than they otherwise would.
This document is important for another reason: if you enter a guilty plea, the summary in the Charge Sheet will be the facts the Crown proposes to read in to the sentencing judge. Therefore, if the facts are inaccurate or exaggerated, it is important to work with the Crown to make the necessary changes.
If, however, the facts cannot be agreed upon, then a trial may be necessary. This means it will be up to a judge or jury to determine what the facts are after hearing the evidence.
810 peace bond
Simply put, a peace bond—be it a statutory one such as an “810” or a common law one—is a promise to the court. When a person enters into a peace bond, they are promising the court that they will do something, refrain from doing something, or both. In exchange for entering into a peace bond, the Crown will generally withdraw the criminal charge(s) against the accused.
A peace bond is not a criminal charge nor, contrary to popular belief, is it to show on any level of criminal record check (at least in Ontario).
You’ll note the form is titled Recognizance. This is because an 810 Peace Bond is a recognizance. What is a recognizance (and how many times can we say the word in a paragraph?)
A recognizance is an obligation to the court−backed by a pledge of money or assets–requiring an individual to perform a task or, refrain from specified behavior.
Common terms found in a peace bond:
- “Keep the peace and be of good behaviour” (i.e., stay out of trouble)
- Stay away from a person or any place the work, study, or live
- Do not communicate with that person, except with their revocable consent.
- Do not possess any weapon
Less common terms:
- Complete counselling or a specified program. (Usually a specific program like Partner Assault Response (PARs) geared towards domestic violence)
- Do not consume alcohol or drugs. Submit to random testing
- Do not use the Internet
- Do not attend a public park, swimming pool, daycare, school ground, playground where persons under the age of 16 are likely to be present
- Any other term the court deems appropriate
You can learn more about Peace Bonds in our Common Terms in Criminal Law page.
