legal defininitions Essay

Submitted By rourke96
Words: 729
Pages: 3

Aggravating factor: circumstances that make the offence more serious; they can lead to an increased sentence.
Appeal against conviction: an appeal where the appellant (Defendant) argues that they did not commit the offence of which they were found guilty.
Appellant: In an appeal case, the party who is making the appeal.
Bond: a compulsory condition imposed on an offender for a period of time, which the offender undertakes to comply with.
Caution: a formal warning without charge issued by police for less serious offences.
Circle sentencing: a form of sentencing for some adult indigenous offenders where sentencing is conducted in a circle made up of local community members and a magistrate.
Community service order: where the offender is sentenced to serve specified hours of work in the community.
Continued detention: ongoing detention of a person after they have already served the full sentence for their offence.
Correctional Centre: commonly known as a prison – an institution where offenders are held in custody for the period of their imprisonment.
Criminal infringement notice: a notice issued by the police outside of court alleging a criminal infringement and requiring payment of a fine.
Deterrent: something that discourages or is intended to discourage someone from doing something.
Divisionary program: an alternative to the traditional court system that focuses on the rehabilitation of offenders.
Fine: a monetary penalty imposed for infringement of a law.
Forfeit: loss of rights to property or assets as a penalty for wrongdoing.
General deterrence: punishment attempting to make an example of an offender in order to send a message to the rest of the community.
Gratuitous violence: excessive violence carried out without reason, cause or excuse.
Guideline judgements: judgements issued by the court on the application of the Attorney General that will set out sentencing guidelines for a particular offence.
Home detention: an imprisonment sentence where the offender is confined to their home under certain conditions of monitoring.
Intensive Correction Order (ICO): an alternative to a custodial sentence where an offender has restricted movement and must attend a rehabilitation program.
Incapacitation: making an offender incapable of committing further offences by restricting their freedom.
Judicial discretion: the power of a judge or magistrate to make a decision within a range of possibilities based on the particular circumstances of a case.
Mandatory sentencing: removal of judicial discretion by legislation, by setting a minimum or mandatory sentence for a particular offence or type of offender.
Maximum penalty: set by parliament, this is the maximum sentence available to a court to impose for an offence; the maximum penalty is rarely handed down.
Mitigating factor: circumstances that make the offence less severe; they can lead to a reduced sentence.
Non-parole period: a period of imprisonment during which parole cannot be granted.
Parole: release of a prisoner before the expiry of an imprisonment term, temporarily or permanently, on the promise of good