#Imposition legal definition how to
This includes decisions about sentencing and how to interpret legislation. Law developed through decisions made by courts in previous cases. The prosecution of one or more charges against a person in court. To break a court order (also called a contravention). This is the standard of proof that the prosecution must meet before a person accused of a crime can be found guilty. This is also the standard of proof for civil cases. The court must be satisfied that it is more probable than not that the allegation is true. This is applied when either the prosecution or defence do not agree with an allegation of fact. This is the standard of proof, or level of proof, courts must apply in deciding what facts they should sentence someone on after the person has been convicted of an offence. nightclub or bar) or entering a particular area near a licensed premises during certain hours, or attending a particular public event at which alcohol will be sold. It is an offence for an adult to breach bail.Īn order, made in addition to sentence, banning an offender entering a certain licensed premises (e.g. Bail may have extra conditions, like reporting to the police, living at a certain place, or a surety (money put up by someone else to guarantee the person will come back to court).
#Imposition legal definition trial
The appeal cannot be heard unless the court first allows it (‘grants leave’ to appeal).Ī promise ( undertaking) to come back to court for trial or sentencing. The person wishing to appeal is called an applicant because in these cases, they do not have an immediate legal right to appeal. This term is also used to describe anyone who wants to appeal to the High Court. However, the term ‘ applicant’ is used instead of ‘appellant’, in 3 specific types of appeal (see below).Ī person who wants to appeal to the Court of Appeal against their sentence, or against their conviction if it involves a question of fact. The other party in the appeal is called the respondent. This can be the defendantor the prosecution. Learn more about the sentencing appeal process. For example, for appeals against sentence, the person sentenced and the prosecution. Parties are people or entities involved in court proceedings. When a party to a court case challenges a decision, and a higher court reviews it. The prosecution does this and must prove its case beyond a reasonable doubt if the defendant does not plead guilty.īackground details about an offender, like their age, relationship status, employment history, and criminal history (this usually includes details of past convictions and penalties). To accuse someone of having done something illegal. Usually presented after a plea of guilty.Ī fact or detail about the offence, the victim, or the offender that may increase the sentence received. To suspend court proceedings to start again at a future date or in a different place, or indefinitely.įacts agreed to by the defence and the prosecution regarding the charges before the court. Also referred to as a defendant.Ī finding that a person is not guilty of a criminal charge. Release without a conviction being recorded and without any further penalty.Ī person who has been charged with an offence but who has not yet been found guilty or not guilty. Access other videos using theĪ B C D E F G H I J K L M N O P Q R S T U V W X Y Z