The term “accused” applies to a person starting from the instance the charges are formally laid. There is often some confusion with related terms and the rights which the accused person actually has.
“Accused” Meaning
The person is called “accused” from the moment they are charged and up until the resolution. That resolution can be a verdict, a withdrawn charge, a stay of proceedings, or a guilty plea. Even though the accused has been charged, they are not yet guilty. It simply means that the process of proving whether they are really guilty is now underway.
Difference in Related Terms
| Accused vs Defendant | The term “defendand” is only used in civil law or American courts. The person facing charges is always the accused, never the defendant, right up until sentencing. |
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| Accused vs Suspect | A suspect is someone the police believe might have committed an offence, but no charges exist yet. Police should issue an appearance notice/an undertaking, or information should be sworn before a justice setting out the charge. Until it happens, they are a suspect being investigated, not yet the accused. |
| Accused vs Offender | The terms “accused” is used at the stages of police charges, investivations, and trials. If the trial ends in conviction, the accused becomes the offender. |
The Accused’s Rights
Each step of the way, right from the detention and all throughout the trial process, the accused has constitutional rights.
During detention, under Section 11(a), they have the right to know the specific offence without delay. Section 11(e) adds the right not to be denied reasonable bail without just cause. They also have the right to counsel and to remain silent.
Once the case proceeds to trial, the main rights are covered by Section 11(d). The accused is presumed innocent as per of the Charter of Rights and Freedoms up until proven guilty. The accused also has the right to be tried within a reasonable time and can’t be compelled to testify against themselves.
“Accused” Status in DUI Cases
A roadside stop doesn’t automatically make you the accused. During the initial screening, you’re detained for investigation, not yet charged with anything. That status changes once police lay a charge. It usually happens through an appearance notice or an undertaking, handed to you before you leave the station. It’s important to exercise your right to counsel and contact a professional Toronto DUI lawyer as quickly as possible.