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Committal Procedure
In law, a committal procedure is the process by which a defendant is charged with a serious offence under the criminal justice systems of all common law jurisdictions except the United States. The committal procedure replaces the earlier grand jury process. Sometimes the committal procedure includes a preliminary hearing, sometimes it does not. In most jurisdictions criminal offences fall into one of three groups: There are less serious ( summary) offences which are usually heard without a jury by a magistrate. These are roughly equivalent to the older category of misdemeanors (terminology that is now obsolete in most non-U.S. jurisdictions). There are intermediate offences which are indictable (equivalent to an old-style felony), but which can be heard summarily. For instance, theft is usually a serious offence. If however the charge is that the defendant stole a packet of biscuits worth only a very small amount, it would probably be heard by a magistrate. In Canada and Irel ...
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Melbourne Magistrates Court - William Street
Melbourne ( , ; Boonwurrung language, Boonwurrung/ or ) is the List of Australian capital cities, capital and List of cities in Australia by population, most populous city of the States and territories of Australia, Australian state of Victoria (state), Victoria, and the second most-populous city in Australia, after Sydney. The city's name generally refers to a metropolitan area also known as Greater Melbourne, comprising an urban agglomeration of Local Government Areas of Victoria#Municipalities of Greater Melbourne, 31 local government areas. The name is also used to specifically refer to the local government area named City of Melbourne, whose area is centred on the Melbourne central business district and some immediate surrounds. The metropolis occupies much of the northern and eastern coastlines of Port Phillip Bay and spreads into the Mornington Peninsula, part of West Gippsland, as well as the hinterlands towards the Yarra Valley, the Dandenong Ranges, and the Macedon R ...
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Canada
Canada is a country in North America. Its Provinces and territories of Canada, ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, making it the world's List of countries and dependencies by area, second-largest country by total area, with the List of countries by length of coastline, world's longest coastline. Its Canada–United States border, border with the United States is the world's longest international land border. The country is characterized by a wide range of both Temperature in Canada, meteorologic and Geography of Canada, geological regions. With Population of Canada, a population of over 41million people, it has widely varying population densities, with the majority residing in List of the largest population centres in Canada, urban areas and large areas of the country being sparsely populated. Canada's capital is Ottawa and List of census metropolitan areas and agglomerations in Canada, ...
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Civil Confinement
Some jurisdictions may commit certain types of dangerous sex offenders to state-run detention facilities following the completion of their sentence if that person has a "mental abnormality" or personality disorder that makes the person likely to engage in sexual offenses if not confined in a secure facility. In the United States, twenty states, the federal government, and the District of Columbia have a version of these commitment laws, which are referred to as "Sexually Violent Predator" (SVP) or "Sexually Dangerous Persons" laws. Generally speaking, SVP laws have three elements: that the person has been convicted of a sexually violent offense (a term that is defined applicable statutes), that the person suffers from a mental abnormality and/or personality disorder, which causes their serious difficulty controlling their sexually violent behavior, and that this mental abnormality and/or personality disorder makes the person likely to engage in predatory acts of sexual violence ...
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Either Way Offence
A hybrid offence, dual offence, Crown option offence, dual procedure offence, offence triable either way, or wobbler is one of the special class offences in the common law jurisdictions where the case may be prosecuted either summarily or on indictment. In the United States, an alternative misdemeanor/felony offense (colloquially known as a wobbler) lists both county jail (misdemeanor sentence) and state prison (felony sentence) as possible punishment, for example, theft. Canada The power to choose under which class a hybrid offence will be tried rests with the crown counsel. Hybrid offences can either be summary offences (minor crimes) or indictable offences (major crimes). For most indictable offences, a person has the right to trial by jury. A hybrid offence is the most common type of charge in Canada. There are three types of charges and each will affect when one can apply for a Record Suspension. Under the Criminal Records Act, Section 2.1, the Parole Board of Canada ...
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Cross Examination
In law, cross-examination is the interrogation of a witness by one's opponent. It is preceded by direct examination (known as examination-in-chief in Law of the Republic of Ireland, Ireland, the Law of the United Kingdom, United Kingdom, Australian legal system, Australia, Law of Canada, Canada, Law of South Africa, South Africa, Law of India, India and Law of Pakistan, Pakistan) and may be followed by a Redirect examination, redirect (known as re-examination in the aforementioned countries). A redirect examination, performed by the attorney or pro se individual who performed the direct examination, clarifies the witness' testimony provided during cross-examination including any subject matter raised during cross-examination but not discussed during direct examination. Recross examination addresses the witness' testimony discussed in redirect by the opponent. Depending on the judge's discretion, opponents are allowed multiple opportunities to redirect and recross examine witnesse ...
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Nolle Prosequi
, abbreviated or , is legal Latin meaning "to be unwilling to pursue".Nolle prosequi
. reference.com. Accessed 2012-03-02.
Nolle prosequi
. Lewis & Short. Accessed 2017-02-17.
It is a type of prosecutorial discretion in , used for s' declarations that t ...
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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 ...
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Victoria, Australia
Victoria, commonly abbreviated as Vic, is a 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 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 coastal and central regions to the Victorian Alps in the northeast and the semi-arid northwest. The majority of the ...
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England And Wales
England and Wales () is one of the Law of the United Kingdom#Legal jurisdictions, three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is English law. The Welsh devolution, devolved Senedd (Welsh Parliament; ) – previously named the National Assembly for Wales – was created in 1999 under the Government of Wales Act 1998 and provides a degree of Self-governance, self-government in Wales. The powers of the legislature were expanded by the Government of Wales Act 2006, which allows it to pass Welsh law, its own laws, and the Act also formally separated the Welsh Government from the Senedd. There is currently no Devolved English parliament, equivalent body for England, which is directly governed by the parliament and government of the United Kingdom. History of jurisdiction During the Roman occupation of Britain, the area of presen ...
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Hybrid Offence
A hybrid offence, dual offence, Crown option offence, dual procedure offence, offence triable either way, or wobbler is one of the special class offences in the common law jurisdictions where the case may be prosecuted either summarily or on indictment. In the United States, an alternative misdemeanor/felony offense (colloquially known as a wobbler) lists both county jail (misdemeanor sentence) and state prison (felony sentence) as possible punishment, for example, theft. Canada The power to choose under which class a hybrid offence will be tried rests with the crown counsel. Hybrid offences can either be summary offences (minor crimes) or indictable offences (major crimes). For most indictable offences, a person has the right to trial by jury. A hybrid offence is the most common type of charge in Canada. There are three types of charges and each will affect when one can apply for a Record Suspension. Under the Criminal Records Act, Section 2.1, the Parole Board of Canada ...
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