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Time Served
In typical criminal law, time served is an informal term that describes the duration of pretrial detention (remand), the time period between when a defendant is arrested and when they are convicted. Time served does not include time served on bail but only during incarceration and can range from days to, in rare cases, years. A sentence of time served means that the defendant has been sentenced to confinement, albeit retroactively fulfilled by the pretrial detention; therefore, the defendant goes free. A sentence of time served may result from plea bargains in which in exchange for only receiving a sentence that involves no additional period of incarceration, a defendant accepts a guilty plea. Additional terms of sentence that may accompany a sentence of served also include a probation, a fine, or unpaid community service. Statistics released in 2020 by the Victorian Sentencing Advisory Council show that 67% of people sentenced to prison in Victoria, Australia in 2017–18 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Law
Criminal law is the body of law that relates to crime. It proscribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and Well-being, welfare of people inclusive of one's self. Most criminal law is established by statute, which is to say that the laws are enacted by a legislature. Criminal law includes the punishment and Rehabilitation (penology), rehabilitation of people who violate such laws. Criminal law varies according to jurisdiction, and differs from Civil law (common law), civil law, where emphasis is more on dispute resolution and victim compensation, rather than on punishment or Rehabilitation (penology), rehabilitation. Criminal procedure is a formalized official activity that authenticates the fact of commission of a crime and authorizes punitive or rehabilitative treatment of the Criminal, offender. History The first Civilization, civilizations generally did not distinguish between Civil law (area), civil law and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pre-trial Detention
Pre-trial detention, also known as jail, preventive detention, provisional detention, or remand, is the process of detaining a person until their trial after they have been arrested and charged with an offence. A person who is on remand is held in a prison or detention centre or held under house arrest. Varying terminology is used, but "remand" is generally used in common law jurisdictions and "preventive detention" elsewhere. However, in the United States, "remand" is rare except in official documents and "jail" is instead the main terminology. Detention before charge is commonly referred to as custody and continued detention after conviction is referred to as imprisonment. Because imprisonment without trial is contrary to the presumption of innocence, pretrial detention in liberal democracies is usually subject to safeguards and restrictions. Typically, a suspect will be remanded only if it is likely that they could commit a serious crime, interfere with the investigati ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Defendant
In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one jurisdiction to another. In Scots law, the terms "accused" or "panel" are used instead in criminal proceedings and "defender" in civil proceedings. Another term in use is "respondent". Criminal defendants In a criminal trial, a defendant is a person accused ( charged) of committing an offense (a crime; an act defined as punishable under criminal law). The other party to a criminal trial is usually a public prosecutor, but in some jurisdictions, private prosecutions are allowed. Criminal defendants are often taken into custody by police and brought before a court under an arrest warrant. Criminal defendants are usually obliged to post bail before being released from custody. For serious cases, such as murder, bail may be refused. Defendants ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Arrest
An arrest is the act of apprehending and taking a person into custody (legal protection or control), usually because the person has been suspected of or observed committing a crime. After being taken into custody, the person can be questioned further or charged. An arrest is a procedure in a criminal justice system, sometimes it is also done after a court warrant for the arrest. Police and various other officers have powers of arrest. In some places, a citizen's arrest is permitted; for example in England and Wales, any person can arrest "anyone whom he has reasonable grounds for suspecting to be committing, have committed or be guilty of committing an indictable offence", although certain conditions must be met before taking such action. Similar powers exist in France, Italy, Germany, Austria and Switzerland if a person is caught in an act of crime and not willing or able to produce valid ID. As a safeguard against the abuse of power, many countries require that an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Conviction
In law, a conviction is the determination by a court of law that a defendant is Guilty (law), guilty of a crime. A conviction may follow a guilty plea that is accepted by the court, a jury trial in which a verdict of guilty is delivered, or a trial by judge in which the defendant is found guilty. The opposite of a conviction is an acquittal (that is, "not guilty"). In Scotland, there can also be a verdict of "not proven", which is considered an acquittal. Sometimes, despite a defendant being found guilty, the court may order that the defendant not be convicted. This is known as a Discharge (sentence), discharge and is used in countries including England, Wales, Canada, Australia, and New Zealand. In any criminal justice system, innocent people are sometimes convicted. Appeal mechanisms and post conviction relief procedures may help to address this issue to some extent. An error leading to the conviction of an innocent person is known as a miscarriage of justice. In some judici ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bail
Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they will not hamper the judicial process. Court bail may be offered to secure the conditional release of a defendant with the promise to appear in court when required. In some countries, especially the United States, bail usually implies a bail bond, a deposit of money or some form of property to the court by the suspect in return for the release from pre-trial detention. If the suspect does not return to court, the bail is forfeited and the suspect may be charged with the crime of failure to appear. If the suspect returns to make all their required appearances, bail is returned after the trial is concluded. In other countries, such as the United Kingdom, bail is more likely to consist of a set of restrictions that the suspect will have to abide by for a set period of time. Under this usage, bail can be given both before and after charge. Bail offered before charge is known as pre-charge or p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Plea Bargain
A plea bargain, also known as a plea agreement or plea deal, is a legal arrangement in criminal law where the defendant agrees to plead guilty or no contest to a charge in exchange for concessions from the prosecutor. These concessions can include a reduction in the severity of the charges, the dismissal of some charges, or a more lenient sentencing recommendation. Plea bargaining serves as a mechanism to expedite the resolution of criminal cases, allowing both the prosecution and the defense to avoid the time, expense, and uncertainty of a trial. It is a prevalent practice in the United States, where it resolves the vast majority of criminal cases, and has been adopted in various forms in other legal systems worldwide. Plea bargains can take different forms, such as ''charge bargaining'', where a defendant pleads guilty to a lesser offense, or ''sentence bargaining'', where the expected sentence is agreed upon before a guilty plea. In addition, count bargaining involves pleading gu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Probation
Probation in criminal law is a period of supervision over an offence (law), offender, ordered by the court often in lieu of incarceration. In some jurisdictions, the term ''probation'' applies only to community sentences (alternatives to incarceration), such as suspended sentences. In others, probation also includes supervision of those conditionally released from prison on parole. An offender on probation is ordered to follow certain conditions set forth by the court, often under the supervision of a probation officer. During the period of probation, an offender faces the threat of being incarcerated if found breaking the rules set by the court or probation officer. Offenders are ordinarily required to maintain law-abiding behavior, and may be ordered to refrain from possession of firearms, remain employed, participate in an educational program, abide by a curfew, live at a directed place, obey the orders of the probation officer, or not leave the jurisdiction. The probationer ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fine (penalty)
A fine or mulct (the latter synonym typically used in Civil law (common law), civil law) is a penalty of money that a court of law or other authority decides has to be paid as punishment for a crime or other Offense (law), offense. The amount of a fine can be determined case by case, but it is often announced in advance. The most usual use of the term is for financial punishments for the commission of crimes, especially minor crimes, or as the settlement (law), settlement of a Claim (legal), claim. One typical example of a fine is money paid for violations of traffic laws. In English law, English common law, relatively Standard scale, small fines are used either in place of or alongside community service orders for low-level criminal offences. More considerable fines are also given independently or alongside shorter prison sentences when the judge or magistrate considers a large amount of retribution is necessary, but there is unlikely to be a significant danger to the public. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Community Service
Community service is unpaid work performed by a person or group of people for the benefit and betterment of their community contributing to a noble cause. In many cases, people doing community service are compensated in other ways, such as getting a lunch for free. In many countries, there are programs to incite people to do community service. People may do community service to get citizenship. In some cases, it is possible to replace a criminal justice sanctions with community service. There may also be school or class requirements. Obtaining certain benefits may be linked to doing some form of community service. For all these reasons, it is distinct from volunteering. Background (Community) service is a non-paying job performed by one person or a group of people for the benefit of their community or its institutions. Community service is distinct from volunteering, since it is not always performed on a voluntary basis and may be performed for a variety of reasons, including ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Victoria (state)
Victoria, commonly abbreviated as Vic, is a States and territories of Australia, state in southeastern Australia. It is the second-smallest state (after Tasmania), with a land area of ; the second-most-populated state (after New South Wales), with a population of over 7 million; and the most densely populated state in Australia (30.6 per km2). Victoria's economy is the List of Australian states and territories by gross state product, second-largest among Australian states and is highly diversified, with service sectors predominating. Victoria is bordered by New South Wales to the north and South Australia to the west and is bounded by the Bass Strait to the south (with the exception of a small land border with Tasmania located along Boundary Islet), the Southern Ocean to the southwest, and the Tasman Sea (a marginal sea of the South Pacific Ocean) to the southeast. The state encompasses a range of climates and geographical features from its temperate climate, temperate coa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Magistrates' Court Of Victoria
The Magistrates' Court of Victoria is the lowest court in the Australian States and territories of Australia, state of Victoria (Australia), Victoria. The court possesses original jurisdiction over summary offences and indictable offence, indictable offences heard summarily, as well as civil claims up to $100,000. It is also able to hear various pre-trial criminal procedures, including bail applications and committal hearings. Decisions of the Magistrates' Court may be appealed to the County Court of Victoria, County Court, with the Supreme Court of Victoria, Supreme Court also able to hear a limited number of appeals on questions of law. Layout A typical courtroom layout consists of a witness box, a Courtroom, public gallery, the bar table (at which the parties sit), a raised Bench (furniture), bench for seating the sitting magistrate and a clerk and sometimes a Courtroom#Scotland, dock for housing defendants in custody. Many Victorian magistrates' courts have video link fa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
