Criminal Department Flashcards

1
Q

Abode

A

Place of residence

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2
Q

Atus Reus

A

The guilty deed or act

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3
Q

Adjourn

A

Postpone the case til a later date

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4
Q

Affidavit

A

A written statement of facts

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5
Q

alibi

A

Evidence to prove the accused was not at the scene of a crime

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6
Q

antecedence

A

A persons past history

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7
Q

assault

A

intentional act which causes someone physical harm

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8
Q

bail

A

release by police whilst they wait for a court date or investigation

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9
Q

bench

A

How the tribunal of three lay magistrates sitting in court on a given day are referred to

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10
Q

Bench warrant

A

An order issued by the court for the immediate arrest of someone

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11
Q

brief

A

Written instructions to a barrister from solicitor arguing why the client should win

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12
Q

circumstantial evidence

A

Evidence which cannot be seen by a witness but strongly suggests something.

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13
Q

Commital

A

The process of sending a defendant to stand trial at the Crown court before a jury

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14
Q

contempt of court

A

conduct which interferes with the administration of justice, such as refusing to answer questions before the court

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15
Q

convicted

A

when found guilty

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16
Q

counsel

A

a barrister

17
Q

custody

A

lawful imprisonment

18
Q

defendant

A

person who court proceedings are brought

19
Q

deponent

A

person who gives evidence by disposition

20
Q

dismissed

A

where the prosecution fails to prove its case beyond all reasonable doubt so the defendant is found not guilty and the case is dismissed

21
Q

duty solictitor

A

solicitor who is avaliable to give free advice in police station or at court

22
Q

either way offence

A

An offence which can be tried in the crown or magistrates court

23
Q

indictable offence

A

An offence which can only be tried in the crown court

24
Q

indictment

A

a document prepared by the prosecution detailing the offence with which a defendant is charged.

25
Q

jurat

A

A memorandum at the end of an addidavit which shows details of how the affidavit was sworn

26
Q

mens rea

A

guilty mind

27
Q

mitigation

A

A statement giving reasons for the offence. It aims to reduce the seriousness of the offence.

28
Q

Mode of trial

A

Determines whether a defendant charged with an either way offence will be charged in the magistrates or crown

29
Q

murder

A

when someone unlawfully kills someone

30
Q

plea

A

the defendants response to the charge (guilty or not guilty)

31
Q

prosecution

A

Prosecuting a case against an alleged offender or the name of the body conducting a case on behalf of the state.

32
Q

Regina

A

The queen in which all cases are against (regvina V ….)

33
Q

Remand

A

When someone remains in custody until there court date

34
Q

spent conviction

A

a previous conviction which no longer forms part of a persons criminal record as a certain period of time has passed

35
Q

subpoena

A

An order by the court for a person to appear in court & give evidence

36
Q

summons

A

A court order for someone to appear in court