Outcome 3 - Our Criminal Courts And The People Who Run Them.

Front 1

Indictable offence

Back 1

a serious criminal offence, the defendant is entitled to have a trail by jude and jury.

Front 2

summary offence

Back 2

a minor, less serious criminal offence that can be heard in a magistrates' court without a jury.

Front 3

bail

Back 3

the procedure of releasing an accused person from custody back into the community who has committed a criminal offence.

Front 4

remand

Back 4

holding a person in custody whilst awaiting trail or sentencing. The remand section of a jail is in a different section from the rest of the jail.

Front 5

committal hearing

Back 5

occurs in a Magistrates' court to asses if there is sufficient evidence for a case to proceed to trail, in a higher court. Most commonly used in indictable cases.

Front 6

original jurisdiction

Back 6

the ability of a court to hear cases that have commenced in that court for the first time, as apposed to appeal cases.

Front 7

appellate jurisdiction

Back 7

is the jurisdiction of a court when it hears an appeal case brought to it from lower courts in the hierarchy.

Front 8

adversary system

Back 8

system of trail where two opposing parties present their case to the court in hope of winning.

Front 9

court hierarchy

Back 9

Different courts which hear different cases/appeals depending of the type of offence.

Front 10

reasons for a court hierarchy

Back 10

1. specialisation

2. efficiency, administrative convenience

3. appeals

4. doctrine of precedent

Front 11

specialisation

Back 11

each court within the hierarchy becomes familiar with the types of cases heard within their stated jurisdiction. The courts develop expertise in relation to the cases it hears and relevant procedures used, in order to deal with cases for efficiently.

Front 12

efficiency, administrative convenience

Back 12

For courts to manage peoples time. allows higher courts to her the more serious and lengthy cases, and lower courts to hear minor, short case. This system reduced delays and allows minor cases to be felt with quickly.

Front 13

appeals

Back 13

allows a party who may feel that the decision of their case is unjust, to appeal to a higher more superior court. this provides fairness and the opportunity for unjust decisions to be corrected.

Front 14

doctrine of precedent

Back 14

allows decisions of higher courts to be binding on the courts below them. the practice of precedents established in higher courts and followed by lower courts create consistency, predictability and fairness.

Front 15

purpose of committal hearings (DCGI)

Back 15

- determine whether a prima facie case exists, whether the evidence is sufficient weight to support a conviction by a jury at a trail.

- clarify issues prior to attending trail and thereby saving time and resources of higher courts.

- allow an early guilty plea, which avoids the time and cost of a trail.

- inform the defendant of all the evidence against them, putting them on equal footing with the prosecution and allowing them to best prepare for the case.

Front 16

adversary system

Back 16

1. role of the parties

2. role of the judge

3. burden and standard of proof

4. need for legal representation

5. strict rules of evidence and procedure

Front 17

role of the parties

Back 17

the parties in a case present their own case and therefore "control it". Both parties strive to investigate and gather evidence that will be used to support their case.

Front 18

role of the judge

Back 18

the judge's role is to ensure that the rules of evidence and procedure are ahead to. (case management).

Front 19

legal representation

Back 19

maximises the chances of a fair trail. Lawyers are able to provide their knowledge and skills to help gain the best possible outcome for their client.

Front 20

burden and standard of proof

Back 20

burden of proof: the party with the responsibility of proving the case, the party brining the case. Prosecution (criminal) plaintiff (civil).

Standard of proof: extent a case needs to be proven. beyond reasonable doubt (criminal) on the balance of profitabilities (civil).

Front 21

rules of evidence and procedure

Back 21

rules of evidence are concerned with proof of facts and are there for the protection of both parties. rules of procedure provide the steps and order of brining out the evidence.