Legal 2
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11 terms
Terms | Definitions |
|---|---|
 Fines | Monetary penalty, that is the most common penalty imposed for any offence. Can be imposed with or without recording a conviction. |
| Burden of Proof | Any person bringing an action, whther civil or criminal, bears the responsiblity of proving, to the appropriate standard of proof, that what he/she says is true. |
| Standard of Proof | The value or weight given to evidence. In a civil case, the standard of proof is such that one party's version of the law and facts is more likely to be correct 'on the balance of probablities' than that of the opposing side. In criminal cases, the standard is higher. The accused must be found guilty 'beyond all reasonable doubt'. If there is any reasonable doubt, the accused must be found not guilty. |
| Balance of Probabilities | The standard of proof applied in civil cases. So long as one person's version or interpretation of the facts is more probable than that os his/her opponent in the eyes of the court, then that person will be successful, and win the case. |
| Beyond all Reasonable doubt | The standard of proof required in a criminal case. If, in the mind of the adjudicator - either judge or jury - there exists any doubt as to the guilt of the accused, then he or she must be found not guilty. |
| Suspended Sentence | This occurs if a term of imprisonment has been given of not more than three years in the county court, and means that the whole or part of the sentence can be suspended. The offender then does not attend prison. During the time of the sentence, however, if the offender commits another offence, it is likely that the original sentence will be restored, together with a further sanction for the second offence. |
| Committal Hearing | A preliminary hearing in the Magistrates' Court in which the Crown presents evidence of sufficient weight to justify a conviction by a jury in a higher court. The aim of a committal hearing is to; clarify the issues prior to attending trial and thereby avoid taking a matter to trial when the evidence is flimsy, and to determine whether a prima facie case exists, that is whether the evidence is of sufficient weight to support a conviction by a jury at trial. |
| Bail | The procedures that enable accused people to be released from custody after being charged and before their hearing or trial. Conditions can be specified, and a guarantor [surety] can be required. |
| Remand | When a person is held in custody awaiting a trial, during a trial or awaiting sentence. This is because the person is refused bail or cannot afford or provide the required surety. |
| Arrest | To apprehend and take into lawful custody so that the person arrested may be brought to court to answer accusations concerning the commission of criminal offences. A person arrested is said to be taken into custody for the purpose of further questioning. |
| Hearing | A hearing is a judicial examination and determination of a case in the court of summary jurisdiction. |
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