What is ex officio indictment?

What is ex officio indictment?

Section 561 of the Criminal Code (Qld) provides for a Crown Law Officer presenting an indictment in any court of criminal jurisdiction against any person for any indictable offence whether the accused person has been committed for trial or not.

What is an ex officio indictment NSW?

An ex officio indictment is a bill of indictment found for an offence in respect of which there has been no committal for trial. In any event, where a charge is to be reduced in scope or severity from the committal charge, the police officer-in-charge and the victim should be consulted.

When should a committal hearing take place?

Filing hearing This is the first hearing in the committal process and usually occurs within a short time of a charge being laid. At this hearing, the court will set a timetable for the exchange of information between the prosecution and defence. A committal mention date will be set at this hearing.

What is an indictment Australia?

Indictable Offences are offences where the accused has the right to have the matter heard before a Judge and jury in a higher court (usually the District Court or the Supreme Court). They are considered more serious offences than summary offences, which are heard in lower courts and without a jury.

What does ex officio mean in law?

by virtue of the office
Ex officio is a Latin term that means “by virtue of the office.” The term denotes a job or task assigned to someone as a result of another title they hold. An ex officio role can be as minimal as serving a ceremonial position, or the role can be as high as a managerial position.

What is the meaning of ex officio chairman?

An ex officio member is a member of a body (notably a board, committee, council) who is part of it by virtue of holding another office. The term ex officio is Latin, meaning literally ‘from the office’, and the sense intended is ‘by right of office’; its use dates back to the Roman Republic.

What is committal law?

law. a preliminary hearing in a magistrates’ court to decide if there is a case to answer.

What is committal bond?

P.C question arises as to whether the accused has to be committed to custody, whether accused who is on bail, again shall seek fresh bail also called ‘committal bail’. There are many occasions even prior to the committal, the accused may be on bail.

Does indictment mean jail?

After a grand jury indicts someone, it returns the indictment to the court and the criminal case begins. If the suspect (now-defendant) isn’t already in custody (jail), the defendant may be arrested or summoned to appear before the court for preliminary hearings.

What is the function of ex officio?

Members that serve as ex officio members have all the rights and obligations of the board meetings or committee that they serve on. This includes the right to discuss, debate, make decisions, and vote. It also makes them accountable for the duties of their position as stated in the by-laws.