Chapter 8: Criminal Procedure Definitions Flashcards
What is bail?
The release from custody of a person accused of a crime and awaiting a hearing or trial, on an understanding that the person will attend the hearing or trial
What is surety?
another person of the ago of 18 who is prepared to guarantee that the accused person will attend court. Can be a condition of bail
What is remand?
refers to when a person is held in custody awaiting trial, during a trial or awaiting a sentence.
What is a committal hearing?
a hearing held in the Mag Court for an indictable offences to assess whether a prima facie case exists (that is whether there the evidence is of sufficient weight to support a conviction by a jury at trail)
What is a sanction?
a legal punishment given to a person who has been found guilty of a crime
What is a fine?
monetary penalty paid by the offender to the court
What is a Community correction order?
supervised sanction that is served in the community, which includes compulsory conditions and at least one special condition
What is imprisonment?
a custodial sentence, which means the loss of liberty and freedom of the prisoner
What is the accused?
the party who has been charged with a criminal offence
What is a crime?
an act that is against the law, harmful to an individual or society as a whole and punishable by law
What is a hearing?
A judicial examination of a case reaching a decision in a court of summary jurisdiction (the mag court) presided over by a magistrate
What is an indictable offence?
a serious offence that can be heard before a judge and jury
What is an indictable offence heard summarily?
a serious offence which can be heard and determined as a summary offence in a court of summary jurisdiction
What is a summary offence?
a minor offence heard in the mag court
What is a summons?
a document issued by a court directing a person to appear before that court
