UNIT 2 AOS1: SANCTIONS Flashcards
PROSECUTION
The act or process of holding a trial against a person who is accused of a crime to see if that person is guilty.
INDICTABLE OFFENCES
An offence that may be prosecuted on indictment
SUMMARY OFFENCES
A crime that can only be heard and decided by a magistrate in the magistrates court
DPP (director of public prosecutions)
The independent officer responsible for commencing, preparing and conducting prosecutions of indictable offences on behalf of the crown.
ACCUSED
A person charged with a criminal offence
SANCTION
A penalty (eg. a fine or prison sentence) imposed by a court on a person guilty of a criminal offence.
WARRANT
A document issued by a legal government official, authorizing the police or another body to make an arrest, search premises or carry out some other action relating to the administration of justice.
UNANIMOUS VERDICT
A jury vote or decision where all the jury members are in agreement and decide the same way (eg. they all agree the accused is guilty). In a criminal case, this means all 2 jurors are in agreement.
BEYOND REASONABLE DOUBT
The standard or proof in a criminal case.
PAROLE
The supervised and conditional release of a prisoner after the minimum period of imprisonment has been served
NON-PAROLE
That person is not to be released on parole
INDIVIDUAL RIGHTS
the right to silence and the right to an interpreter
POLICE POWERS
The police have extensive powers to investigate suspected criminal offences. They can search premises, vehicles and vessels (ships and boats), and seize property when: without a warrant, where the police have reasonable cause to suspect stolen goods or evidence of the commission of an offence.
POLICE POWERS
The police have extensive powers to investigate suspected criminal offences. They can search premises, vehicles and vessels (ships and boats), and seize property when: without a warrant, where the police have reasonable cause to suspect stolen goods or evidence of the commission of an offence.
ORIGIONAL JURISDICTION
the question of which court has the authority (“jurisdiction’) to hear a legal case for the first time
APPELLATE JURISDICTION
the power of a court to hear appeals from lower courts. Appellate jurisdiction includes the power to reverse or modify the the lower court’s decision.
CONVICTION
Receiving a criminal record after being found guilty
SEVERITY OF SENTENCE
If a person is appealing on severity of sentence this just means they are appealing against how harsh the sentence is – they are appealing against the sentence. They think the sentence is too long.
POINT OF LAW
an issue arising in a lawsuit or criminal prosecution which only relates to determination of what the law is, how it is applied to the facts in the case, and other purely legal points in contention.
BAIL
Being released into the public whilst waiting for a court hearing. The magistrates court hears most bail applications, these applications can be refused if the trial is on sexual misconduct or violence. conditions of bail:
the applicant for bail reside at a specified address;
-home detention;
-conditions relating to the physical -protection of a victim;
-supervision by a community corrections officer;
-the applicant report to police;
ROLE OF THE JUDGE IN A CRIMINAL CASE
To decide what happens to a case, whether a case will have to go to another court or be put off until another day, whether the defendant is guilty or not guilty, and any penalty that will be given to the defendant.
ROLE OF THE JURY IN A CRIMINAL CASE
To determine questions of fact and to apply the law, as stated by the judge, to those facts to reach a verdict. In criminal trials, the jury’s role is to determine guilt or otherwise. In civil trials, the jury’s role is to decide fault and damages.
PUNISHMENT
One purpose of a sanction, designed to penalise the offender and show society and the victim that criminal behavior will not be tolerated.
DETTERENCE
One purpose of a sanction, designed to discourage the offender and others in the community from committing similar offences.
