Flashcards in 6: Criminal Pre-Trial procedures and their purposes Deck (9)
Refers to the release from custody of a person accused of a crime and awaiting a hearing or trial, on an undertaking the accused will attend the hearing or trial.
Bail purpose 1:
To protect the rights of the accused and ensure that he/she is treated as innocent until proven guilty
Bail purpose 2:
Provide an opportunity for the accused to be released pending trial. This would allow the accused time out of court to prepare their case.
Refers to when an accused person is held in custody after they have been charged, are awaiting trial or awaiting a sentence.
Remand purpose 1:
To protect the community where there is a risk the criminal will reoffend
Remand purpose 2:
To prevent a person from absconding
Refers to hearings held in the Magistrates' Court for an indictable offence to assess whether a prima facie case exists; that is whether the evidence is of sufficient weight to support a conviction by a jury in trial.
Committal Hearings purpose 1:
To determine whether a trial should proceed, that is if the evidence is of sufficient weight to support an indictable conviction by a jury at trial in the County or Supreme Court