Term
|
Definition
|
| |
Abscond
|
A failure to return to police custody after being released on Bail.
|
|
Absolute Discharge
|
This is a type of Sentence; after you are found guilty or you plead guilty, the Court takes no further action against you and the charge will be dismissed (although you will not be convicted, it may still be recorded on your Criminal Record).
|
|
Accused
|
A person charged with an Offence. Also referred as the 'defendant'.
|
|
Acquittal
|
A discharge of the defendant or following a finding of not guilty.
|
|
Advocate
|
General term for a lawyer appearing in Court.
|
|
Arrest
|
Lawful detention of a suspect, usually by a police officer.
|
|
Bail
|
The release of a Defendant from custody until their Court appearance. The Bail may include conditions specified by the Court that the Defendant must follow.
|
|
Caution
|
If you are arrested by the Police for a minor Offence and you accept responsibility for the Offence, the Police may give you a warning rather than Charge you.
|
|
Charge
|
A formal accusation against a person alleging he or she has committed a crime.
|
|
Child & Family Services
|
If you are between the ages of 8 and 15 and convicted of an offence that is punishable with prison, you cannot be sent to prison, but may be sent to be in the care of the Director of Child & Family Services
|
|
Co-Educational Facility
|
A prison for young people between the ages of 16 and 17.
|
|
Conditional Discharge
|
This is a type of Sentence; after you are found guilty or you plead guilty, the charges against you will be discharged on the condition that you do not reoffend again within a certain time (although you will not be convicted, it may still be recorded on your Criminal Record)
|
|
Conviction
|
This is what will be recorded against your name if you plead guilty or are found guilty of a criminal offence.
|
|
Counsel
|
A lawyer (Barrister or Solicitor).
|
|
Criminal Record
|
When someone is found guilty of a crime, the police and the court can keep track of it in a file called a record. These records can cause problems for people for a long time. For example, a criminal record makes it hard to get a job or travel to other countries. A criminal record may also affect a person’s immigration status, and in some cases, may even affect their family’s immigration status.
|
|
Defence Lawyer
|
This is a criminal lawyer who will defend or represent you in Court.
|
|
Defendant
|
See 'accused'
|
|
Department of Public Prosecutions (DPP)
|
Government Department responsible for prosecuting criminal cases investigated by the Police. A Prosecutor decides whether there is enough information to take the case to Court.
|
|
Duty Counsel
|
These are lawyers present in Court when you appear for your offence. If you do not have a lawyer, they will provide you with free legal advice. (normally, there is no Duty Counsel in Juvenile Court, however they have been appearing only recently during the plea stage)
|
|
Indictable only Offence
|
An Offence that can only be tried in Supreme Court.
|
|
Justice of the Peace
|
Another title for a Lay Magistrate.
|
|
Juvenile
|
A young person who is between 8 and 15 years old.
|
|
Juvenile Court
|
A Magistrate's Court that was created to deal with children between the ages of 8 and 15 years for Criminal Offences.
|
|
Lay Magistrate
|
This is the name given to the two persons who sit with the Magistrate in Juvenile Court.
|
|
Legal Aid
|
Is financial assistance for persons who need legal representation. You may apply for Legal Aid or your parents may apply on your behalf if you are of a certain age.
|
|
Magistrate
|
This is the name of the Judge in Juvenile Court and Magistrate Courts.
|
|
Magistrate's Court
|
This is the lowest of the criminal courts in Bermuda and deals with the majority of criminal cases.
|
|
Offence
|
An Offence happens when you break the law, by doing something or by failing to do something. (see Summary Offence).
|
|
Plea Court
|
This is the start of a criminal case in Court where the accused is asked to whether they will plead 'guilty' or 'not guilty' to the Offence.
|
|
Plead
|
When you appear in Court the Magistrate will ask you whether you plead guilty or not guilty.
|
|
Presumption of Innocence
|
If you have been charged with an offence, you are presumed innocent until a Court finds you guilty.
|
|
Probation
|
This is a type of Sentence: the maximum time is three (3) years and you will be supervised by a Probation Officer.
|
|
Prosecutor
|
This is a criminal lawyer whose duty it is to find you guilty or prosecute you.
|
|
Rehabilitation Period
|
This is the length of time that must pass from the date of your Conviction or the date you are released from prison. Once this time has passed you don't normally have to reveal to anyone that you have a conviction.
|
|
Right to Silence
|
If you are arrested by the Police and questioned, you have the legal right to remain silent.
|
|
Sentence
|
If the Magistrate finds you guilty of breaking the law, you will be brought before the court, charged and sentenced.
|
|
Social Inquiry Report
|
If you plead guilty or found guilty, the judge will decide on a sentence and may ask the Probation Officer to give the court some background information in the form of a written report (Social Inquiry report). This takes time to prepare. The Probation Officer will then talk to you to find out about your background, and your family situation. The Probation Officer may also talk to your parents or guardian or to other people who know you.
|
|
Summary Offence
|
This type of Offence can only be tried in Magistrate's Court.
|
|
Supreme Court
|
A Court that hears criminal offences that cannot be heard in the Magistrate Court.
|
|
Suspended Sentence
|
A sentence of imprisonment which does not take effect unless the defendant commits another offence in a certain time.
|
|
Triable Either-way-offence
|
An offence that can be tried in Magistrate's Court or Supreme Court.
|
|
Trial
|
If you Plead not guilty in Court for your Offence, a trial will be held to determine if you are guilty or not guilty. You will be questioned by the Prosecutor and witnesses could also be called. At the end of the trial, the Magistrate will decide if you are guilty or not guilty. If the judge decides you are guilty, he or she will impose a Sentence. If the judge decides you are not guilty, you will be free to go.
|
|
No comments:
Post a Comment