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Tuvalu Island Courts Bench Book - Federal Court of Australia

Tuvalu Island Courts Bench Book - Federal Court of Australia

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Previous convictions<br />

When, at an earlier time, an <strong>of</strong>fender has been found<br />

guilty and been convicted <strong>of</strong> a charge.<br />

Regulations<br />

These are passed by Ministers with the authority <strong>of</strong><br />

Cabinet, and are binding in much the same way as<br />

legislation.<br />

Right <strong>of</strong> appeal<br />

In any case you hear, and after your decision has been<br />

given, the right a person has to come before a higher<br />

<strong>Court</strong> and have the matter reconsidered.<br />

Sentence, and sentencing<br />

The penalty that an <strong>of</strong>fender must pay or do. You pass<br />

sentence after you have either found someone guilty, or<br />

that person has pleaded guilty. Usually a fine or<br />

imprisonment.<br />

Special licence<br />

In family cases, when you are asked to permit marriage<br />

to occur.<br />

Standard <strong>of</strong> pro<strong>of</strong><br />

In criminal cases, the standard <strong>of</strong> pro<strong>of</strong> is beyond<br />

reasonable doubt.<br />

In civil cases, the standard <strong>of</strong> pro<strong>of</strong> is on the balance <strong>of</strong><br />

probabilities (more likely than not).<br />

Statutory law<br />

Law passed by Parliament.<br />

Summary <strong>of</strong>fences<br />

Lower type <strong>of</strong> <strong>of</strong>fences, usually heard by <strong>Island</strong> <strong><strong>Court</strong>s</strong>.<br />

Summons<br />

A formal document advising someone to come to <strong>Court</strong>.<br />

To convict<br />

The formal process <strong>of</strong> recording the guilt <strong>of</strong> the accused<br />

after either a guilty plea or decision <strong>of</strong> guilt by you.<br />

<strong>Tuvalu</strong> <strong>Island</strong> <strong><strong>Court</strong>s</strong> <strong>Bench</strong> <strong>Book</strong> June 2004

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