A defendant is able to enter a plea at the committal appearance in the Magistrates Court. If a defendant pleads guilty at the committal appearance, the magistrate may either determine and impose a sentence on the defendant, or commit the defendant to a superior court for ...

After receiving the preliminary brief from the police prosecutor, the DPP will make a charge determinations to what charge(s) (if any) will be proceeded with. Committal proceedings cannot commence until the DPP has made a charge determination[Criminal Procedure Act 1921 (SA) s 106(1)(e)]. Once ...

Where a person is charged with a minor indictable or major indictable offence, there are specific documents which must be provided to them (or their lawyer) on or before their first appearance in the Magistrates Court. These documents are: a copy ...

In the case of an indictable offence the formal charge is contained in an information which is filed in court. Unlike summary offences there is generally no time limit within which to charge a person with an indictable offence. However, where there has been ...

Unless a defendant charged with a minor indictable offence elects to be tried in the District Court, the case will be dealt with in the Magistrates Court as though it were a summary offence [section 108(1) and section 117(1) Criminal Procedure Act 1921 (SA)]. If an election is ...

THE PROBLEM: The number of federal prisoners has grown by approximately 700 percent since 1980, while the U.S. population has only grown by slightly more than 32 percent. The federal prison system currently holds more than 180,000 incarcerated men and ...

It is important for a defendant to get legal advice prior to their first court date, if possible, as sentencing reductions may apply depending at what point in the proceedings a guilty plea is entered (if one is entered at all). There ...

More serious criminal charges are called indictable offences. An indictable offence is an offence where the defendant has the right to trial by jury. There are two categories of indictable offences: Major Indictable Offences and Minor Indictable Offences Major indictable offences must be heard in the District Court or ...

After hearing all of the evidence and the addresses, the Magistrate has the duty (without referring to anyone else) to decide whether the defendant is guilty. The magistrate may adjourn the case to consider whether the defendant is guilty or not, but in many cases the ...

The prosecution must always prove that a defendant is guilty beyond reasonable doubt. The defendant does not have to prove that she or he is not guilty. The defendant does not have to present any evidence. She or he may attempt to show any inconsistencies and ...