The criminal courts How criminal cases begin: Pleading guilty/not guilty, bail, and name suppression Name suppression What is name suppression? Criminal Procedure Act 2011, s 200 Name suppression means that your name and any details that may identify you cannot be published.…
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The criminal courts Ways to stay out of court: Diversion and Restorative Justice Diversion What is diversion? Diversion is a scheme operated by the police that allows first-time offenders to take responsibility for their offending outside the court system and avoid getting…
The criminal courts Ways to stay out of court: Diversion and restorative justice Restorative justice conferences What is Restorative Justice? Restorative Justice is a process that aims to put things right for the people involved and affected by the offending. This is…
The criminal courts Specialist Courts There are some specialist courts that deal with specific types of offending or circumstances. Some of these only operate in certain locations. They offer a wider range of outcomes. Alcohol and Other Drug Treatment Courts These courts…
The criminal courts The lead-up to the trial: Pre-trial processes Where you have pleaded not guilty, the case will usually go to a trial without any other pre-hearing before a judge. Under the Case Review procedure, the defence and the prosecution together…
The criminal courts The lead up to the trial: Pre-trial processes Case reviews Usually case reviews will be dealt with by the court registrar, rather than a judge. For all charges where you could be sent to prison for the offence (Category…
The criminal courts The lead up to the trial: Pre-trial processes Jury trial callovers Criminal Procedure Act 2011, Part 3, subpart 8 If you have chosen to be tried by a judge and jury, after the case review the charge will be…
The criminal courts The trial Evidence and witnesses Why is evidence given? Evidence is given by the prosecution and the defence to establish whether you are guilty of the crime you have been charged with. It is the prosecutor’s role to prove…
The criminal courts The trial Trial process At the beginning of a trial the prosecution will make a speech (“opening submission”) where they set out their case with a summary of the law, evidence and witnesses to be called. Then they will…
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