The criminal courts How criminal cases begin: Pleading guilty/non-guilty, bail, and name suppression Bail: Being released while your case is ongoing What is bail? Bail is when you’re released from court or police custody on certain conditions. Bail is granted on the…

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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 is where a court makes an order that your name and any details that…

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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 and other prosecuting agencies that allows first-time offenders to take responsibility for their offending outside the court…

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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…

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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…

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The criminal courts The lead-up to the trial: Pre-trial processes Where you have pleaded not guilty, the case will usually have at least one pre-trial hearing before it gets set down for trial. Under the Case Review procedure, the defence and the…

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The criminal courts The lead up to the trial: Pre-trial processes Case reviews Case reviews can be dealt with by a by a judge, who may direct a case review hearing or adjourn the matter without a hearing (dealing with it “on…

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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…

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The criminal courts The trial Who decides the outcome of my case? Criminal Procedure Act 2011, ss 6, 71-74 Your case may be heard and decided by a judge alone or by a judge and jury. It depends on the seriousness of…

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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…

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