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8 Cards in this Set
- Front
- Back
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Bail
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Bail is the conditional release into the community of a suspect who has been charged with a crime and are awaiting their appearance at court. The suspect gives an undertaking to appear at court at a later date and abide by any other conditions set. These conditions include the suspect surrendering their passport, providing a surety and checking in regularly to a police station. Bail will be refused unless the person charged can show cause as to why their detention is unjustified.
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Remand
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If an accused cannot satisfy the conditions of bail, then the will be remanded in custody.
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Sanctions
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A sanction is a penalty imposed by a court for a criminal offence. An offender will receive a sanction if when entering a plea of guilty or when they are found guilty by the court. The five aims of sanctions are punishment, deterrence, rehabilitation, denouncement and protection.
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Imprisonment
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Imprisonment is the forced removal of someone from society and the deprivation of a their liberty. Imprisonment is seen as a last resort and is used for the most serious crimes and habitual reoffenders. AIMS
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Community Correction Orders
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A Community Correction Order is a flexible sanction that can have different conditions based on the circumstances of the offence, the offender's needs and situation, and the direction of the court.
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Monetary Penalties
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A monetary penalty is a sum of money to be paid by the convicted offender, and includes fines and costs. A fine is a common punishment for people convicted of a summary offence in the Magistrates' Court.
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Committal hearing
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A committal hearing is a hearing where a magistrate will hear a summary of the prosecution's evidence and decide whether a properly instructed jury would convict the defendant. The aims of committal hearings are to clarify and issues prior to trial, to establish whether or not there is adequate evidence to justify going on trial, whether the evidence is of sufficient weight to support a conviction, and to establish whether or not a prima facie case exists.
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If a prima facie case is found to exist, the defendant will be remitted for trial in a higher jurisdiction. Committal hearings are usually conducted through written statements.
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