Criminal Flashcards

1
Q

ABODE

A

Place of residence.

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2
Q

ADJOURN

A

Postpone the hearing of a case to a later date.

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3
Q

AFFIDAVIT

A

A written statement of facts which the deponent knows to be true. This is sworn on oath.

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4
Q

ALIBI

A

Evidence to prove that the accused was not at the scene of a crime when it was committed.

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5
Q

ANTECEDENTS

A

A persons past history including any previous criminal convictions.

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6
Q

ASSAULT

A

Intentional and/or reckless act which causes someone physical harm.

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7
Q

BAIL

A

Release by police or court of a person held in legal custody while awaiting trial or investigation.

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8
Q

BENCH

A

Tribunal of three lay Magistrates sitting in court.

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9
Q

BENCH WARRANT

A

An order issued by the courts for immediate arrest of someone.

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10
Q

BRIEF

A

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

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11
Q

CIRCUMSTANTIAL EVIDENCE

A

Evidence which is not usually seen by a witness but strongly suggests a fact because of circumstance. For example fingerprints.

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12
Q

COMMITTAL

A

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.

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13
Q

CONTEMPT OF COURT

A

Conduct which interferes with the administration of justice such as refusing to answer questions before a court.

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14
Q

CONVICTED

A

A person is convicted when found guilty.

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15
Q

COUNSEL

A

A Barrister.

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16
Q

CUSTODY

A

Lawful imprisonment or confinement by the state.

17
Q

DEFENDANT

A

Person accused of a criminal offence to which court proceedings are brought.

18
Q

DEPONENT

A

Person who give evidence by deposition.

19
Q

DEPOSITION

A

Evidence, either verbal or written given under oath.

20
Q

DISMISSED

A

The prosecution fails to prove its case beyond all reasonable doubt and the defendant is fount not guilty.

21
Q

DUTY SOLICITOR

A

A solicitor who is able to give free advice to a defendant at court or the police station.

22
Q

EITHER WAY OFFENCE

A

An offence tried in the Magistrates’ Court or in the Crown Court.

23
Q

INDICTABLE OFFENCE

A

An offence tried in only the Crown Court.

24
Q

INDICTMENT

A

A written document by the prosecution detailing the offence which is tried in the Crown Court.

25
Q

JURAT

A

Memorandum at the end of an affidavit which shows how many affidavits were sworn.

26
Q

MITIGATION

A

A statement giving reasons for the particular offence occurring aiming to reduce the seriousness.

27
Q

MODE OF TRIAL

A

Whether a defendant charged with an either way offence will be tried in the Magistrates’ Court or in the Crown Court.

28
Q

MURDER

A

Person who intentionally and unlawfully kills another person or persons.

29
Q

PLEA

A

Defendants formal response to a charge put by the prosecution, usually guilty or not guilty.

30
Q

PROSECUTION

A

(a) Prosecuting a case against an alleged offender.

(b) The body of conducting the case on behalf of the state.

31
Q

REGINA

A

The sovereign, prosecution are commenced in her name (Regina = Queen Rex = King).

32
Q

REMAND

A

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.

33
Q

SPENT CONVICTION

A

A previous conviction which no longer forms part of a persons criminal record as a certain time has elapsed.

34
Q

SUBPOENA

A

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

35
Q

SUMMONS

A

A court order issued for someone to appear in court.