Criminal Department Flashcards
Abode
Place of residence
Atus Reus
The guilty deed or act
Adjourn
Postpone the case til a later date
Affidavit
A written statement of facts
alibi
Evidence to prove the accused was not at the scene of a crime
antecedence
A persons past history
assault
intentional act which causes someone physical harm
bail
release by police whilst they wait for a court date or investigation
bench
How the tribunal of three lay magistrates sitting in court on a given day are referred to
Bench warrant
An order issued by the court for the immediate arrest of someone
brief
Written instructions to a barrister from solicitor arguing why the client should win
circumstantial evidence
Evidence which cannot be seen by a witness but strongly suggests something.
Commital
The process of sending a defendant to stand trial at the Crown court before a jury
contempt of court
conduct which interferes with the administration of justice, such as refusing to answer questions before the court
convicted
when found guilty
counsel
a barrister
custody
lawful imprisonment
defendant
person who court proceedings are brought
deponent
person who gives evidence by disposition
dismissed
where the prosecution fails to prove its case beyond all reasonable doubt so the defendant is found not guilty and the case is dismissed
duty solictitor
solicitor who is avaliable to give free advice in police station or at court
either way offence
An offence which can be tried in the crown or magistrates court
indictable offence
An offence which can only be tried in the crown court
indictment
a document prepared by the prosecution detailing the offence with which a defendant is charged.
jurat
A memorandum at the end of an addidavit which shows details of how the affidavit was sworn
mens rea
guilty mind
mitigation
A statement giving reasons for the offence. It aims to reduce the seriousness of the offence.
Mode of trial
Determines whether a defendant charged with an either way offence will be charged in the magistrates or crown
murder
when someone unlawfully kills someone
plea
the defendants response to the charge (guilty or not guilty)
prosecution
Prosecuting a case against an alleged offender or the name of the body conducting a case on behalf of the state.
Regina
The queen in which all cases are against (regvina V ….)
Remand
When someone remains in custody until there court date
spent conviction
a previous conviction which no longer forms part of a persons criminal record as a certain period of time has passed
subpoena
An order by the court for a person to appear in court & give evidence
summons
A court order for someone to appear in court
