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Definitions (102)
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Legal Glossary
Ab initio
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act of parliament
Formal statutory law which is formed when a bill passes successfully through Parliament. On the receipt of Royal Assent it attains the status of primary legislation.
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acquit
A formal outcome of criminal proceedings when a defendant is found Not Guilty of criminal charges and is thereby acquitted of them.
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ACTUS REUS
From the Latin meaning 'the guilty act'. A component element of an offence comprised of the relevant criminal act, omission and/or resulting state of circumstances. The full phrase 'actus non facit reum nisi mens sit rea', translates to mean a man is not guilty of an act or circumstances alone unless accompanied by the correspon [..]
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adjournment
A temporary postponement of proceedings.
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ANTECEDENTS
The record of a defendant's previous criminal convictions, cautions, reprimands and/or warnings. The document is formed from information retained on the Police National Computer system. Information includes name, date of birth (including any known alias details for both), dates of convictions, offences convicted of, and sentences imposed.
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arraignment
The formal process by which a defendant enters his or her plea to each of the counts on the indictment.
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Bail
A defendant who enjoys bail retains his or her liberty pending the next stage in the criminal proceedings against them. Bail can be either conditional or unconditional. Frequently imposed conditions include residing at a named address, non-contact with prosecution witnesses, exclusion from certain areas, curfew between certain hours, surrender of t [..]
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bench warrant
A warrant for the arrest of a defendant often issued when a bailed defendant fails to surrender to the custody of the court on the next date in their criminal proceedings. On the occasion when the defendant is next brought back before the court the warrant is said to be executed.
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Burden of Proof
The party who bears the onus of proving to the requisite standard the relevant matter in issue is said to bear the burden of proof. In the vast majority of instances it is the prosecution upon whom this burden rests. In certain exceptions the defendant may bear either an evidential or legal burden - when this is so the burden is said to be reversed [..]
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