Chapter 8-Criminal Pre-trial Procedure, Trial Procedure and Sanctions Flashcards
What is bail and what is its purpose?
Bail is a situation where a person charged with a criminal offence is removed for custody until the time of trial. Conditions such as regular attendance at a police station or a surety are often attached to bail. The purpose of bail is to uphold a presumption of innocence, as those accused may not have yet been found guilty, and time out of custody allows them to prepare their case. Someone can be refused bail if they have a risk of failing to attend court, reoffend, have been charged with murder or treason or a trafficking or cultivating a drug of dependence
What is remand and what is its purpose?
If an accused person is refused bail, they will be held in custody in remand until the time of their trial, where their innocence or guilt will be determined. The purpose of remand is to protect society by retaining accused persons who may cause further harm to society by reoffending, harming others, tampering with evidence or not showing for their trial in custody.
What are committal hearings and what are their purposes?
A committal hearing is a preliminary hearing in the Magistrates Court to determine whether a prima facie case exists, that is, whether there is sufficient evidence to support a conviction by a jury in a higher court. The main purposes of committal hearings is to determine if there is sufficient evidence to continue to trial and to avoid wasting time and expense of taking a case to court that is unlikely to succeed.
What are the purposes of criminal sanctions?
- Just punishment, to punish the offender in a fair and just manner
- Deterrence, to deter the offender form recommitting or others from committing the same or similar offences
- Rehabilitation, to attempt to modify the behaviours of the individual to reduce chance of recommitting
- Denunciation, to demonstrate the courts disapproval of particular types of behaviours
- Community Protection, to protect individuals from harmful actions of offenders
What are fines?
Fines are the most common form of penalty, and impose a monetary penalty on the offender. A fine can be recorded with or without a criminal record, and the financial situation of the offender may be taken into consideration. If someone has been given a substantial fine they can apply to pay it in instalments, or be given a certain amount of time.
What is a Community Corrections Order (CCO)?
A CCO is an order served within the community, and the offender can be placed under the supervision of a Community Corrections Officer. Conditions may be attached to the order, such as the need to undertake medical treatment, abstain from drugs and alcohol, abide by amcurfew, live (or not live) at a specific address or pay a bond.
What is imprisonment?
Imprisonment is the removal of an offender from the community. It is used as a last resort, as it denies an individual from their liberty and freedom. Offences can have a maximum and minimum sentence attached, which can determine how long they stay in prison. Sentences can be served concurrently (multiple sentences served at the same time) or cumulative (one after another), at the discretion of the judge.
