Bail is when you are released from court or Police custody most likely on conditions, including that you return to court for their next required appearance. For more information see the Bail Act external link and the Community Law website external link. In criminal cases, the prosecution has this responsibility and the standard of proof that applies is beyond a reasonable doubt.
A call-over is a meeting where the judge and the lawyers for both sides discuss any pre-trial issues. If you are an unrepresented litigant, you must attend. A case review hearing is held to examine whether a charge can be resolved without the need for a trial. For example, if the prosecution withdraws the charges against you, or if you plead guilty to the charges, there would be no trial. If a trial is to occur, the case review hearing is also an opportunity for either party to highlight any matters that need to be resolved before the trial takes place.
Is a formal accusation brought to the court that a person or organisation has committed a criminal offence. Is the offence of being disobedient to, or disrespectful towards, a court of law and its officers. Is a system generated unique reference number assigned to a proceeding that can contain numerous CRNs belonging to any number of defendants. A proceeding in which opposing parties present evidence and make arguments on the application of the law before a judge or jury.
After both sides have presented their arguments, a judge or jury finds the defendant guilty or not guilty of the crime s charged. Disclosure external link is a copy of the evidence external link that the Crown external link and police have collected to prosecute external link your case. For more information see the Criminal Disclosure Act external link.
The various things presented in court to prove alleged facts, including written or spoken testimony from witnesses, and other material such as documents, maps etc. This is when the lawyer for one side calls their witnesses and asks them questions in court to support their case. A person who is a specialist in a subject who may present his or her expert opinion, without having witnessed the actual criminal event.
When you appeal the decision made by the court that heard the first appeal. For example, if you appealed the decision of a Community Magistrate to the District Court a first appeal , you may then be able to appeal that District Court decision to the High Court further appeal.
You must always seek leave to bring a further appeal. Evidence that is not admissible. For example, irrelevant evidence. More information about admissibility of evidence can be found in the Evidence Act external link.
A formal decision given by a court, including the reasons the judge gives for his or her decision. A decision made by a judicial officer, such as a Justice of the Peace, Community Magistrate or judge.
Permission obtained from the court to take some action which, without such permission, would not be allowed. Permission obtained from the court you are appealing to before that court will consider your appeal. If you are on bail you will have to attend. Go Back Next. Further mention This is the second or subsequent listing of a mention of your matter. Do You Need a Lawyer? You can check what time the courtroom will reopen with the court officer or the registry.
It is possible that you could be at the court for a few hours, and sometimes for most of the day, so you should make arrangements with your work or childcare if necessary. Remember to turn off your mobile phone before going into the courtroom. You should also remove hats and sunglasses and be quiet in the courtroom while the magistrate is dealing with other cases.
You will usually appear in front of a registrar or magistrate. You will have to tell the registrar or magistrate whether you are pleading guilty or not guilty. If you are pleading guilty this means that you agree with the allegations against you and that you committed the offence. You may want to go to court and plead guilty with an explanation if you believe that the penalty is too harsh or if there are special circumstances that you want the court to consider.
You may also plead guilty in writing, which means you won't have to go to the mention. For more information, see Pleading guilty. If you are pleading not guilty this means that you do not agree with the allegations against you and that you either believe you did not commit the offence, or that you have a defence. You usually plead not guilty at the mention, and your case is then listed for a hearing on a later date.
In some cases you may be able to plead not guilty in writing, so that you don't have to attend the mention. For more information, see Pleading not guilty. If you are not ready to have your case heard at court, you can ask the magistrate to move to another day.
This is called an 'adjournment'. You can also read a transcript of this video 45 kb. You need to be aware that if the court decides not to adjourn your case, the court can make a decision without you being there. If this happens, you might be able to apply to annul cancel the court decision. For more information, see Appeals and annulments. If you think you won't be able to make it to court you can:.
If you can't go to court you should contact the court registry and explain why. It is a good idea to send something in writing, for example a letter or fax. If you are sick you should also send a medical certificate that states you are unfit to attend court and why, and ask the court to adjourn your case. You should do this as soon as possible. Sample: Letter requesting an adjournment. We cannot thank you enough, it still doesn't feel real to us yet as it has caused a lot of strain and stress over a very long period of Jacqui was great!
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