Criminal Flashcards
ABODE
Place of residence.
ADJOURN
Postpone the hearing of a case to a later date.
AFFIDAVIT
A written statement of facts which the deponent knows to be true. This is sworn on oath.
ALIBI
Evidence to prove that the accused was not at the scene of a crime when it was committed.
ANTECEDENTS
A persons past history including any previous criminal convictions.
ASSAULT
Intentional and/or reckless act which causes someone physical harm.
BAIL
Release by police or court of a person held in legal custody while awaiting trial or investigation.
BENCH
Tribunal of three lay Magistrates sitting in court.
BENCH WARRANT
An order issued by the courts for immediate arrest of someone.
BRIEF
Written instructions to a barrister for a solicitor arguing why the client should win.
CIRCUMSTANTIAL EVIDENCE
Evidence which is not usually seen by a witness but strongly suggests a fact because of circumstance. For example fingerprints.
COMMITTAL
Process of sending a defendant to stand trial at the Crown Court before a jury or sending a defendant from the Magistrates’ to the Crown Court to be sentenced.
CONTEMPT OF COURT
Conduct which interferes with the administration of justice such as refusing to answer questions before a court.
CONVICTED
A person is convicted when found guilty.
COUNSEL
A Barrister.
CUSTODY
Lawful imprisonment or confinement by the state.
DEFENDANT
Person accused of a criminal offence to which court proceedings are brought.
DEPONENT
Person who give evidence by deposition.
DEPOSITION
Evidence, either verbal or written given under oath.
DISMISSED
The prosecution fails to prove its case beyond all reasonable doubt and the defendant is fount not guilty.
DUTY SOLICITOR
A solicitor who is able to give free advice to a defendant at court or the police station.
EITHER WAY OFFENCE
An offence tried in the Magistrates’ Court or in the Crown Court.
INDICTABLE OFFENCE
An offence tried in only the Crown Court.
INDICTMENT
A written document by the prosecution detailing the offence which is tried in the Crown Court.
JURAT
Memorandum at the end of an affidavit which shows how many affidavits were sworn.
MITIGATION
A statement giving reasons for the particular offence occurring aiming to reduce the seriousness.
MODE OF TRIAL
Whether a defendant charged with an either way offence will be tried in the Magistrates’ Court or in the Crown Court.
MURDER
Person who intentionally and unlawfully kills another person or persons.
PLEA
Defendants formal response to a charge put by the prosecution, usually guilty or not guilty.
PROSECUTION
(a) Prosecuting a case against an alleged offender.
(b) The body of conducting the case on behalf of the state.
REGINA
The sovereign, prosecution are commenced in her name (Regina = Queen Rex = King).
REMAND
When a case is adjourned a defendant can be held in remand to appear in court at a later date. They may be remanded on bail or in custody.
SPENT CONVICTION
A previous conviction which no longer forms part of a persons criminal record as a certain time has elapsed.
SUBPOENA
An order by the court for a person to appear in court to give evidence.
SUMMONS
A court order issued for someone to appear in court.
