Unit 4 AOS2b - Chapter 8: Criminal Procedure Flashcards
Distinguish between the consequences of a case, remedy/sanctions and burden of proof in criminal and civil law.
Consequences of the case - criminal aimed at punishing and civil aimed at compensating.
Sanction/remedy - accused pleads guilty or not guilty and if found guilty a sanction is applied. The plaintiff (individual or group) tries to obtain a civil remedy.
Burden of proof - criminal (investigated by the state and is between the state and the individual) and civil (usually between individuals or groups and is initiated by the person who has been wronged).
What is a crime?
A crime can be described as an act or omission that is against the law, harmful to an individual or society as a whole and punishable by law.
Society sets guidelines for acceptable behaviour, and if those guidelines are broken, society expects that the offenders will be punished. Another term for a crime is an offence.
What are the elements of a crime?
For a crime to be committed there needs to be a guilty act (actus reus) and a guilty mind (mens rea). A person is said to have a guilty mind when he or she intends to commit the offence.
This is true in all cases except those of strict liability. This is where the prosecution does not have to prove that the offender intended to commit a crime, such as underage drinking in a public house or drink driving.
What is the age of criminal responsibility?
A child under the age of 10 years cannot be charged with a crime because it is presumed that he or she cannot commit an offence.
It is also presumed that a child between the ages of 10 and 14 years is mentally incapable of committing a crime, because they are not able to form the intention (mens rea) to commit the offence.
This is known as doli incapax. This principle can be overturned if it can be shown that the child understood that what he or she was doing was wrong.
What are the types of crimes?
. Summary offences
. Indictable offences heard summarily
. Indictable offences
What is a summary offence?
Summary offences are minor crimes that are heard in the Magistrates’ Court and before a magistrate, but not before a jury.
Many summary offences are found in the Summary Offences Act 1966 (Vic.) and include crimes such as drinking in a public place and aggravated assault. States also have further legislation that create other summary offences, Summary offences are minor crimes that are heard in the Magistrates’ Court and before a magistrate, but not before a jury. Many summary offences are found in the Summary Offences Act 1966 (Vic.) and include crimes such as drinking in a public place and aggravated assault.
What is an indictable offences heard summarily?
Some indictable offences are able to be heard in the Magistrates’ Court as if they were summary offences. These are known as indictable offences heard summarily.
These cases have the right to be tried before a judge and a jury of 12, but with the permission of the court and the parties they can be heard a single magistrate.
What is an indictable offence?
Indictable offences are serious crimes that are heard before a judge and jury. The most serious indictable offences are heard in the Supreme Court and include offences such as murder, manslaughter, treason and culpable driving. Other indictable offences are heard in the County Court.
What are the parties involved in a criminal case?
Once a crime has been committed, it is the state that usually prosecuted the offender. Although rare, a prosecution can also be brought by a private citizen. The Director of Public Prosecutions (DPP) commences and pursues criminal cases on behalf of the State of Victoria.
The person who faces court charged with an offence is called the accused. The accused is normally an individual, but in some circumstances can be a corporation, such as a corporation running a food business that is charged for offences related to food safety.
Explain prosecutions of indictable offences.
The Office of Public Prosecutions (OPP), together with the Director of Public Prosecutions (DPP) and Crown Prosecutors, is responsible for prosecuting serious crimes in Victoria. Most of the prosecutions are referred by Victoria Police. The matters referred to the OPP for prosecution in the courts generally involve:
• murder
• manslaughter
• culpable driving
• serious assaults, including sex offences
• aggravated burglaries
• armed robberies
• assistance in coroner’s inquests.
The OPP is also responsible for preparing and conducting appeals in the County Court and Supreme Court.
Matters are sometimes referred to the OPP from other agencies such as WorkSafe, relating to deaths or serious injury in workplaces, and the Department of Primary Industries, relating to poaching and other fisheries crimes.
The Specialist Sex Offences Unit provides specialists to assist in the prosecutions of sex offences in Victoria and to ensure that sexual assault matters progress through the court process as quickly as possible.
Explain prosecutions in the magistrates court.
Prosecutions in the Magistrates’ Court are conducted by Victoria Police and by other agencies, such as VicRoads, local councils and Corrections Victoria, who have the authority to prosecute summary offences.
The OPP is responsible for presenting all relevant evidence at a committal hearing in the Magistrates’ Court for indictable offences.
What is the burden and standard of proof in a criminal trial?
In a criminal case, the prosecution has the burden of proving the case beyond reasonable doubt (the standard of proof in a criminal case). Reasonable is what the average person in the street would believe to be the case; that is, when the evidence is looked at in a logical and practical manner.
In some instances, the burden of proof is reversed, such as with strict liability crimes. In these types of offences the burden of proof is reversed and the accused must prove that he or she did not commit the crime.
What is the difference between criminal and civil law?
The main difference between civil and criminal law, lies in the AIMS of the cases brought before the courts. A criminal case is aimed at punishing the offender, whereas a civil case is aimed at achieving a civil remedy (usually compensation) for the person whose rights have been infringed.
In a criminal case, the accused pleads guilty or not guilty. If he or she is found guilty, he or she is given a SANCTION (punishment) such as a fine. In a civil case, the person or group who has suffered injury or loss tries to obtain a civil REMEDY from the person determined to be in the wrong.
Criminal cases are usually investigated by the police and a state prosecutor and are between the state and an individual. Civil cases are usually between two individuals or groups and are instigated by the person or group that has been wronged.
The state can be part of a civil case if the state is suing an individual or group, or if an individual or group is suing the state.
Explain the commencement of a criminal case.
When a crime has been committed, the state usually prosecutes the offender for the offence committed. A prosecution can, however, be brought by a private citizen, although this is rare, often because it is very expensive.
A criminal case can only be tried through the court system. Tribunals such as the Victorian Civil and Administrative Tribunal (VCAT) are not available to hear and determine criminal cases. Before a criminal case is commenced through the courts, a significant amount of time and effort will go into investigating the crime and gathering evidence.
What is police investigation?
Once the police receive information about the commission of a crime they are required to investigate the offence and surrounding circumstances.
The accused is presumed innocent until proven guilty, and in order to protect suspects from unfair treatment, a suspect has certain
rights during police investigation. However, so that society can keep functioning in an orderly way, a person who has offended has to be
apprehended and convicted.
There is therefore a need to balance the rights of the individual, who needs to be protected from unfair and unduly harsh treatment, with the rights of the police who have to investigate a crime. The community has the right to expect that someone who has committed a crime against the community will be apprehended and punished.
What can happen after police investigation?
A suspect can be:
. Exonerated - no further action
. Released pending summons
. Charged and released on bail
. Charged and brought before the Magistrates’ Court or a bail justice for a bail hearing (where there are either released on bail or held on remand)
. Given a caution notice on condition to be on good behaviour
What is the purpose of police investigation?
The purpose of police investigation is to determine who did and did not commit the criminal act reported, charge the suspect and gather evidence for the prosecution to use in their court case against the accused.
What happens during questioning?
During questioning, the individual has the right to be informed by the police of the charge and of their rights. The suspect also has the right to ask police officers for their name, rank, identification and station.
The police have the right to ask a person’s name and address in certain circumstances, ask a suspect to accompany them to the police station, question a suspect for a reasonable time and apply for a coercive questioning order from the Supreme Court.
Summarise police investigation.
Crime ➡️ Investigation ➡️ Suspect ➡️ Located ➡️ Questioning by police
What are the rights of individuals during police questioning?
Right of individuals during police questioning include:
. Being informed by police of the charge
. Being informed by the police of their rights
. Asking police officer for their name, rank, identification number and station
. The right to remain silent
. The right to communicate with lawyers, family or friends before questioning
. The right to an interpreter
. The right to be released unconditionally or on bail, or brought before a magistrate with in a reasonable to
. Being able to see any written statements
. Having a parent, guardian or adult present if under 18 years of age
. Being able to refuse to accompany a police officer to the police station unless being arrested
. Being able to refuse to take part in an identification parade
. Being able to refuse to participate in the reconstruction of a crime
. Being able to refuse to have photographs taken
. Being able to refuse to provide body samples
. Being able to refuse to supply voice prints
. Being able to refuse to allow search of property unless police have a warrant or if they reasonably expect to find drugs
Explain the following right of individuals during police questioning: the right to remain silent
The accused is presumed innocent until proven guilty and has the right to remain silent both during the investigation of the crime and during the court proceedings. Suspects are entitled to remain silent when being questioned by the police – other than giving their names and addresses when required.
Suspects also have the right to stay silent when being questioned, or cross-examined, during their trial. At the trial a judge must inform the jury that they must not conclude that the accused is guilty because he or she has chosen not to speak, although the jury might ignore this advice.
The prosecution or trial judge must not make any inference about the fact that the accused has chosen to remain silent.
What are the police powers?
. Question subjects for a reasonable time (reasonable time for murder and burglary charges are different)
. Demand name and address of a suspect or a person that can help with the investigation and licence number if driving
. Question witnesses and victims
. Ask suspects to accompany them to the police station
. Take fingerprints of persons over 15 years
. Take blood and body samples with consent or a court order
. Search a car of police have reasonable ground that the vehicle contains a drug of dependence
. Search a person or package if there is reasonable belief that the person is carrying a “prescribed weapon”
. Arrest with or without a warrant
. Use reasonable force to make an arrest
. Suspend a driver’s license on the spot for refusing to take a preliminary breath test or if the drivers BAC > 0.15%
. Use listening devices or tap phones with court permission
. Hold an identification parade
. Engage in entrapment
. Reconstruct a crime if the subject agrees to participate
Flow chart in criminal procedure.
Crime ➡️ investigation ➡️ suspect located and questioned ➡️ charge ➡️ summons
Charge ➡️ charged and released on bail ⬇️ Charge and remand application made ➡️ released on bail ⬇️ Remand
What are criminal pre-trial procedures?
Pre-trial procedures are the processes and procedures that occur before a trial commences in a criminal case in the County Court or Supreme Court.
When a crime has been committed and reported to the police, the police will investigate the crime to identify the offender. Criminal pre-trial procedures commence once a suspect has been found.
Criminal pre-trial procedures include bail, remand and committal proceedings.
What are the purposes of criminal pre-trial procedures?
. Assist the police
. Protect the rights of the accused
. Provide rights to the police
. Provide an opportunity for the accused to be released pending trial
. Clarify issues
. Determine whether a trial should proceed
. Determine if the accused wishes to plead guilty or not guilty
Explain the following purposes of criminal pre-trial procedures:
. Assist the police
. Protect the ruts of the accused
. Provide rights to the police
. and Provide an opportunity for the accused to be released pending trial.
. Assist the police in identifying evidence for the prosecution of the person or persons suspected of committing the crime under investigation.
. Protect the rights of the accused and ensure that he or she is treated as innocent until proven guilty.
. Provide rights to the police to facilitate police investigation.
. Provide an opportunity for the accused to be released pending trial, although this right may be denied in certain circumstances.
Explain the following purposes of criminal pre-trial procedures:
. Clarify issues
. Determine whether a trial should proceed
. Determine if the accused wishes to plead guilty or not guilty
. Clarify issues – some pre-trial procedures are designed to narrow the issues that need to be determined at the trial, for example determining what facts the accused admits and does not admit.
. Determine whether a trial should proceed – that is, if the evidence is of sufficient weight to support a conviction by a jury at trial
. Determine if the accused wishes to plead guilty or not guilty – provide the accused with the opportunity to plead guilty at an early stage and thereby receive a lighter sanction. An early plea is also a benefit to the legal system, because it can reduce the number of trials and speed up the whole process.
What are the alternative outcomes for a person brought into custody?
Once a person has been brought into custody, the alternatives for future dealings are that the person is:
. Released - the police can release a person without charging him or her with a crime
. Given a cautioning notice
. Released pending summons
. Charged and released on bail
. Remanded
Explain the following alternative outcome for a person brought into custody: given a cautioning notice
Once a person has been brought into custody they can be given a cautioning notice on the condition that they will be of good behaviour for the next five years – for first-time offenders involved in minor offences.
The offender must admit to the crime, co-offenders must be identified and the crime should involve no more than five incidents. If a further crime is committed within five years, the offender goes to court and the caution note is treated as a prior conviction
Explain the following alternative outcome for a person brought into custody: released pending summons
The suspect can be released pending the charge and summons being served on the suspect at a later date, telling him or her which court to attend and the time of the hearing.
What is bail?
Bail is when the accused is released from custody after being charged on condition that they appear in court at a later date. A person charged with an offence has the right to apply to be released on bail until their trial. If bail is refused, then they will be held on remand (in jail awaiting trial).
Bail may be granted at various stages of the criminal process – at the time of arrest, during the trial and while awaiting sentencing or an appeal. These procedures are the same regardless of which court an accused person will be tried in.
More on bail.
Most accused are granted bail and released on their own undertaking (a promise to appear in court when required).
Alternatively the accused may be released if a surety promises to pay a sum of money if the accused fails to attend court.
A surety is another person over the age of 18 who is prepared to guarantee that the accused person will attend court.
Who can grant bail?
Bail can be granted by:
• a police officer at the police station when a person is charged
• a magistrate at a bail hearing in the Magistrates’ Court – court registrars also have the power to
fix bail in some criminal cases (the Supreme Court hears bail applications for murder charges)
• a bail justice – a bail justice is appointed by the attorney-general to decide whether an accused
person is eligible for bail.
What might a person be asked to do before they are granted bail?
a person is granted bail they may be asked to:
• provide their own undertaking that they will appear in court on a later date, without the imposition of any other conditions
• provide their own undertaking that they will appear in court, with the imposition of conditions
• provide a surety who will guarantee that they will attend court, with or without the imposition of
conditions.
Money deposited with the court by the accused, or a surety, will be forfeited if the accused does not attend court, although there may be circumstances when this forfeiture can be opposed.
What conditions may be imposed on someone who is granted bail?
The Bail Act was amended in 2013. Under the Bail Amendment Act 2013 (Vic.), it is now necessary to make it clear what conditions may be imposed on a person who has been granted bail. The conditions include:
• reporting to a police station
• residing at a particular address
• submitting to a curfew
• that the accused not contact specified persons or classes of persons
• that the accused surrenders his or her passport
• that the accused not drive a motor vehicle or carry passengers when driving a motor vehicle
• specifying locations or zones that the accused must not visit or may only visit at specified times.
What can happen if bail is not granted?
If bail is not granted, an accused can lodge an appeal with a higher court for a bail hearing.
An arrest warrant is issued if these bail undertakings or conditions are not met or if the person does not appear for their court date.
What is the purpose of bail?
The Bail Act 1977 (Vic.) lays down the major rules relating to the granting of bail. The main aim of granting bail is to allow an accused person to go free until the hearing or trial, as a person is presumed innocent until proven guilty. Granting bail also allows the accused person time out of custody to prepare their case.
Someone who is not granted bail will be kept in remand until the trial; that is, kept in the remand section of prison. Under the Bail Act it is assumed that bail will be granted unless there is a specific reason to refuse bail (that is, if there are exceptional circumstances).
What are the considerations when granting bail?
- charged with murder or treason (although bail is given in some exceptional circumstances)
• charged with drug trafficking under the Drugs, Poisons and Controlled Substances Act 1981 (Vic.) or the Customs Act 1901 (Cth) (unless there are exceptional circumstances or the amount of the drug is less than the proscribed amount) - already in custody for another crime (although the person can be released on bail after the expiration of the sentence)
• considered to pose an unacceptable risk to society or is likely to:
– abscond
– commit an offence while on bail
– endanger the safety or welfare of members of the public
– interfere with witnesses or otherwise obstruct the course of justice in relation to themselves or
to others.
When will the court refuse bail?
A court will refuse bail if the accused is charged with the following crimes, unless the accused can show a reason why their detention in custody is not justified:
• an indictable offence that is alleged to have been committed while he or she was at large awaiting trial for another indictable offence
• a stalking or family violence offence and the accused has been convicted of a similar offence in the previous 10 years or the court is satisfied that the accused used or threatened to use violence against the victim in the current case
• aggravated burglary, or another indictable offence in which it is alleged that the accused used a firearm, offensive weapon or explosive
• arson causing death
• drug offences.
What must the court provide if it grants bail to anyone who has committed a crime which can permit the refusal of bail?
The court must provide a statement of reasons.
What is examined when considering whether granting bail to a person is an unacceptable risk to society?
The accused’s past history, character, home environment, possible hardships that might be caused, the seriousness of the crime, and the strength of evidence against the accused are examined when considering whether granting bail to a person is an unacceptable risk to society.
What is remand?
Someone who is refused bail will be held on remand until the case comes to trial, or until bail is granted in the future. This means they are held in custody. Men who are remanded in custody are generally sent to HM Melbourne Assessment Prison. Women are usually sent to the Dame Phyllis Frost Centre.
Where a children on remand sent?
Children on remand may be sent to a youth justice centre, but they cannot be held on remand for longer than 21 days before they must go to court. This means that a child on remand must be brought before the court every 21 days.
Extra info on remand.
If a person who has been held on remand is later found guilty, the time in remand will be deducted from any prison sentence given. Someone who is found not guilty is not usually entitled to compensation for the time in prison. Bail is therefore usually granted and is refused reluctantly.
What is the purpose of remand?
The purpose of remand is to protect the community against the actions of an accused person. The community is protected as the accused is prevented from reoffending, inflicting harm or committing any further offences while awaiting trial.
The purpose of remand is also to ensure the court that the accused will appear at the next hearing (whether it be a hearing as part of the committal process or the trial) so that the accused is tried for the offences with which he or she has been charged.
Remand also prevents an accused from interfering with witnesses or obstructing the course of justice. This will ensure a fair hearing by allowing witnesses the freedom to tell their story.
What are committal proceedings?
Indictable offences are more serious criminal offences, such as rape and murder, which can be tried before a judge and jury. One of the steps to take place before a criminal case is tried in the County Court, or Supreme Court, is a committal proceeding, which involves different types of hearings in the Magistrates’ Court to determine whether a case is ready for trial.
The term ‘committal proceedings’ is used to describe all the procedures that take place within the Magistrates’ Court as part of the committal stage. The committal hearing is the last stage of that process. While you only need to know the committal hearing, it is useful
to know all the other steps in the committal proceedings.
What are the purposes of committal proceedings?
The purposes of a committal proceeding are to:
• determine whether the evidence is of sufficient weight to support a conviction by a jury at trial, often known as establishing whether a prima facie case exists (prima facie means at first
sight)
• ensure a fair trial (if the matter proceeds to trial), for instance by ensuring that the prosecution’s case against the accused is adequately disclosed, enabling the accused to hear or read evidence and cross-examine prosecution witnesses, put forward a case at an early stage if the accused wishes to do so, and adequately prepare and present a case
• clarify the issues before attending trial and thereby avoid taking a matter to trial when the evidence is flimsy, saving the time and resources of higher courts
• determine how the accused proposes to plead to the charge or charges.
Explain the commencement of committal proceedings.
The committal process begins with a filing hearing. The Magistrates’ Court will set down a date for the filing hearing once a charge sheet containing a charge for an indictable offence that is not able to be heard summarily is filed by the police informant. Further details of the filing hearing are listed below.
Explain the hand-up brief.
Committal proceedings are generally conducted with the use of written statements. Using written statements speeds up the process of committal proceedings and means the witnesses and the accused only need to explain the events once, in open court at the trial. The written statements are contained in a hand-up brief.
What has the hand-up brief in a committal proceeding done?
The use of a hand-up brief in a committal proceeding has largely eliminated the need for oral evidence. Instead, written statements are taken from witnesses unless the parties request that a witness gives oral evidence.
What does a hand-up brief contain?
A hand-up brief contains a copy of the charge sheet, copies of documents the prosecution intends to produce as evidence, copies of witness statements, interview transcripts, photographs and a list of exhibits gathered together in a legal brief, which is handed to the magistrate at the Magistrates’ Court.
The hand-up brief also informs the accused of future hearing dates and their purposes. The accused is entitled to the hand-up brief at least 42 days before the committal mention hearing (explained below) unless the court states otherwise or the accused consents to alternative arrangements.
What is a plea brief?
At any time before the hand-up brief, if the accused decides to plead guilty, the informant (the member of the police force who is bringing the charge against the person accused of the crime) may serve a plea brief on the accused.
The plea brief outlines the charge, states the material facts of the case and includes a statement by the victim.
What are the hearings in committal proceedings before the committal hearing?
The following hearings may be held in committal proceedings before the final hearing, which is known as the committal hearing. . A filing hearing . A compulsory examination hearing . A special mention hearing . A committal mention hearing . A committal case conference
What is a filing hearing?
At this hearing, the Magistrates’ Court may fix a date for a committal mention hearing (explained below) and a time for the service of a hand-up brief. The court can also make any order or give any direction as it considers appropriate.
If the accused has been arrested and is on bail or remand, the filing hearing must be done within seven days of a charge sheet being filed; if the accused has been charged on summons then the time period for the hearing is 28 days.
What is a compulsory examination hearing?
The informant may apply to the Magistrates’ Court for this hearing to examine a relevant person, or to require that person to produce a document or other item, to assist their investigation of the offence. This must occur after the charge sheet has been filed and before the committal hearing commences. This step is optional.
What is a special mention hearing?
This may be held on the application of a party or the court. It is mainly a case management procedure. The Magistrates’ Court may set a timetable for quick and efficient progress of the committal hearings.
If the accused is pleading guilty to all charges, or they request it, the magistrate can immediately commit him or her to sentencing or a trial in the County Court or Supreme Court without continuing with the committal proceedings.
A committal mention hearing is optional. At the special mention hearing, the court may hold a committal mention hearing immediately and either determine the matter or direct the informant to serve a hand-up brief.
What is a committal mention hearing?
The informant and the accused must attend this hearing, unless excused. At a committal mention hearing, the Magistrates’ Court may take the following courses of action.
– The committal hearing may be conducted immediately. See below for an explanation of the committal hearing.
– The court may determine whether the matter should be dealt with summarily.
– The court may hear an application for leave to cross-examine a witness. If the court allows particular witnesses to give oral evidence and be cross-examined, the matter will proceed to a contested committal mention hearing where the witness will appear and give oral evidence. If the application is not successful the matter will proceed using the hand-up brief.
– The court may fix a date for a committal hearing, and hear and determine any objection to disclosure of material.
The court must ask the accused how he or she pleads. If the accused pleads guilty and the court is satisfied that the evidence is of sufficient weight to support a conviction at trial, the court must commit him or her for sentencing and inform the accused that the sentencing court may take into account a plea of guilty.
What is a committal case conference?
This is a case management tool that provides a more informal opportunity for the prosecution, the accused and the court to discuss the case and attempt to identify the key issues to be resolved. Where practicable, the committal case conference should be held on the same day as the committal mention hearing.
Any statements or actions made are not admissible in any later proceedings, with the aim of promoting open discussion of the case. Committal case conferences are not compulsory.
Explain what a committal hearing is?
This is the final stage of the committal proceedings and the most important of the hearings in the committal process. At the committal hearing, the magistrate must determine whether there is evidence of sufficient weight to support a conviction.
The hearing is conducted in accordance with rules of evidence and procedure. The prosecution will first present the case, followed by the accused.
What happens if the Magistrate finds there is sufficient weight to support a conviction at trial?
If the magistrate finds there is evidence of a sufficient weight to support a conviction at trial, the accused is committed to stand trial and released on bail awaiting the trial or held in remand. The evidence collected during the committal proceeding forms the depositions.
This is a collection of all the evidence given by the witnesses under oath that can be used in court at a later date. The depositions are then sent to the Office of Public Prosecutions (OPP) for the trial to be prepared.
What happens if the Magistrate finds there is insufficient weight to support a conviction at trial?
If the magistrate decides that there is insufficient evidence, and a prima facie case has not been established, the accused is discharged and is allowed to go free; that is, he or she is not committed for trial.
If further evidence is found in the future, the accused can once again be brought before the court as the committal proceedings are not a trial and the accused has not been found guilty or not guilty.
Explain the procedure after committal proceedings?
On committing an accused person for trial, the Magistrates’ Court must transfer all related summary offences to the court that will deal with the indictable offences, so that both summary and indictable offences can be dealt with at the same time.
Once an accused has been ordered to stand trial, an indictment is drawn up. This is a written statement containing the details of the charge or charges against the accused. The indictment (formerly called a presentment) is usually filed in court at the commencement of the trial.
A case conference may be conducted before the indictment is signed.
What is a direct indictment?
It is possible to ask the Office of Public Prosecutions to omit the committal proceedings stage. This is known as a direct indictment. This would only be done if the prosecution had a strong case and was trying to avoid the trauma, expense and time involved in committal proceedings. A direct indictment rarely occurs.
Explain discontinuing a prosecution.
The DPP also has the power to suspend a prosecution if they believe that the evidence is not strong enough for a conviction or there is the possibility of a not guilty verdict.
This procedure, called discontinuing a prosecution (previously called nolle prosequi), can be done any time before judgment, and has the effect of suspending the case without acquitting the accused. It does not prevent a new indictment for the same offence at a later date.
