Commonly Used Terms
Word | Definition |
|---|---|
Accused | The person who has been charged with the crime. Often called the ‘defendant’ |
Acquit | When the defendant is found not guilty at trial |
Adjourn | When a matter is in Court at a later time or date |
Affirmation | A promise to tell the truth in Court that is read out loud |
Affidavit | A legal document that has been sworn by oath or affirmation and is used as evidence in Court |
Antecedent Report | A criminal history/criminal record |
Appeal | When someone challenges the Court’s decision on a conviction or sentence |
Appellant | The person making the appeal |
Arraignment | When the defendant formally pleads to charges in the Supreme Court |
Arrest | When someone is taken into the Police Station and charged |
Bail conditions | A list of rules the defendant promises to follow while the matter goes through Court |
Brief of Evidence | Documents relating to the case such as statements, photographs and interviews which are given to both the prosecutor and defence lawyer |
Burden of Proof | The level of proof needed before the defendant can be found guilty. This is usually called beyond reasonable doubt |
Charge | The accusation someone has committed a crime. This is a formal process done by Police and the Courts. There are many types of charges. |
Committal Proceedings | When the matter is listed in the Magistrates Court to be transferred to the Supreme Court for trial or sentence |
Community Service Order (CSO) | A defendant might be sentenced to community service as part of an ICO or GBO. This would mean helping the community doing tasks, like setting up events |
Complainant | Another word for victim, often used in Court. |
Convicted | When the defendant is guilty, decided by either a Magistrate, Judge or jury |
Criminal Case Conference | A meeting between DPP and the defendant’s lawyer to see if the case can be resolved without going to Hearing or Trial |
Cross-Examination | When a witness is asked questions by both the prosecution and defence lawyer. |
Crown | The Crown is the Territory. As the DPP, we represent the ACT so we are referred to as the Crown |
Defence counsel | The defendant’s lawyer |
Defendant | The person who has been charged with the crime. See also: accused. |
Evidence in Chief Interview (EICI) | An interview the main witness does to tell Police what happened |
Exhibit | A document or physical item used as evidence in Court |
Family Violence Order | An order you can make against a family member or partner to protect yourself from physical, emotional, sexual or psychological harm |
Forfeiture Orders | A document that means property of a defendant can be taken away from them |
Good Behaviour Order (GBO) | A document the defendant must sign saying they will be of good behaviour and not commit crimes in the future. This order might include community service, attending programs and reporting to Corrective Services. |
Guilty | A plea the defendant enters into if they accept the charges. This means they own up to the crime |
Hearing | If the defendant pleads not guilty, there will be a Hearing. This is when all the evidence is presented to the Court and witnesses tell their version of events. Hearings are in the Magistrates Court |
Hung Jury | When the jury cannot agree all together if the defendant is guilty or not guilty |
Indictable Offence | A charge that can be heard in the Supreme Court or Magistrates Court |
Intensive Corrections Order (ICO) | When the defendant is sentenced to gaol time to be served in the community. This may mean they have to go to programs, take drug tests and have a curfew |
Intermediary | A person that helps someone with communicating their evidence to the Court. |
Judge | The person who runs the Supreme Court sessions and makes decisions. They will wear a robe and wig. |
Jury | A group of 12 people who are randomly chosen from the community to be part of trials. They hear the evidence and decide if the defendant is guilty or not guilty |
Magistrates Court | The lower Court in the ACT. This is where most of the cases are held. This Court hears less serious cases. |
Magistrate | The person who runs the Magistrates Court sessions and makes decisions. They wear a robe. |
Nolle Prosequi | When a charge is dropped because the Director decides not to go through with it |
Non-Parole Period | The minimum amount of time the defendant needs to stay in gaol for, after they are convicted and sentenced |
Oath | A religious promise to tell the truth in Court that is read out loud |
Objection | When the prosecution or defence think a question should not be asked in Court, they can object. The Magistrate or Judge then decides if it’s okay |
Parole | When a defendant is released from prison and serves the rest of their sentence in the community. They will be supervised and must report to Corrections |
Personal Protection Order | An order you can make against someone such as a neighbour or stranger to protect yourself from physical, emotional, sexual or psychological harm |
Plead | The formal term for ‘guilty’ or ‘not guilty’ |
Precedent | When a previous legal decision is made, this can affect how decisions of current cases are made. This is called precedent |
Pre-Sentence Report | A report about the defendant, written to help the Magistrate or Judge choose what sentence to give the defendant. |
Proofing | When the victim or witness meets with the prosecutor and/or Witness Assistance Officer to talk about evidence |
Prosecutor | The lawyer at this office, prosecuting the criminal case before the Court. They represent the ACT community. |
No Evidence to Offer (NETO) | When there is no evidence for a case and it is dismissed |
Not guilty | A plea that the defendant enters into if they disagree with the charges |
Re-examination | When the witness is called to give more evidence. The prosecutor will ask them more questions |
Sentence | When the Magistrate or Judge decides on the outcome for the case |
Sentence Administration Board (SAB) | A group of people that make decisions about parole orders and breaches of ICO’s |
Strictly Indictable Offence | A more serious charge that can only be heard in Supreme Court. The maximum sentence for these charges are more than 5 years in gaol |
Subpoena | A legal document that says you are required to come to Court. This can also be a document given to someone that legally requires them to hand over personal information |
Summary Offence | A less serious charge which is heard in the Magistrates Court only |
Supreme Court | The higher Court in the ACT. This is where the most serious cases are held. Most of the time cases held in this Court have a jury. |
Surety | An amount of money that will be paid to the Court if a defendant breaks their bail conditions |
Suspended Sentence | When the Magistrate or Judge sentences the accused to time in gaol, but they only go there if they breach a condition of the sentence |
Trial | A Trial is like a Hearing, except it is heard in the Supreme Court. Most of the time, trials have a jury. They often take longer than a Hearing. |
Victim Impact Statement | A document written by the victim explaining how the offence has affected their life |
Voir Dire | A legal argument that happens when the jury is not there |
Witness | Any person who saw or heard what happened and might need to give evidence in Court. A victim of crime is normally a witness |