Glossary of terms used in the criminal justice system
A B C D E F G H I J K L M N O P Q R S T U V W
A
ACCUSED: the person who is alleged to have committed an offence
AQUIT: To find an accused person not guilty at a trial
ADJOURN: to delay a court matter until later that day, to a specified day or indefinitely
AFFIDAVIT: A document that contains facts given under oath and submitted in court as evidence
AFP: Australian Federal Police
AFP VICTIM LIAISON OFFICER (VLO): a person who can give the victim and their family information and support throughout the investigation
AFFIRM: a declaration or promise to the court that you will tell the truth in giving evidence (both written and verbal). This is an alternative to swearing on the bible
ALLEGATION: when someone accuses another person of having done something
APPEAL: a procedure that allows a party to challenge a decision made by a court
APPLICANT: the person applying for a court order
ARRAIGNMENT: After a defendant is committed to stand trial in the District or Supreme Court he/she must formally plead to the charges. This first appearance in the District or Supreme Court is the arraignment
ARREST: To apprehend or take into custody a person suspected of having committed a crime
B
BAIL: Once a person has been arrested and charged with an offence, that person must remain in gaol unless they have legal authority to be out of gaol. When a person receives this authority, they are granted bail. Bail may be on a promise by the accused to appear or with a guarantee and subject to conditions
BAIL CONDITIONS: conditions put on the person to ensure security in allowing the person bail. It can include conditions like reporting to the police, not having any contact with certain people, living at a certain place or having someone act as a surety for you
BEYOND REASONABLE DOUBT: the standard of proof applied in a criminal trial/hearing
BREACH: to break a law or court order
C
CASE MANAGEMENT HEARING (CMH): when a plea of not guilty is entered the matter is usually set down for a Case Management Hearing. In the CMH the parties will check to see whether they are ready for the matter will be set down for hearing at a later date. If they change their plea to ‘guilty’ the matter will proceed to sentencing
CASE OFFICER: the police officer investigating the case. They are also known as the investigating officer or the police informant
CHARGE: an explanation of the law that police say has been have broken
CHARGED: when arrested the offender is charged. They are told what offence the police believe they have committed
CLIENT: individual receiving service from Side by Side or Victim Support ACT
CLOSED CIRCUIT TV (CCTV): where a person gives evidence from a room separate to the courtroom via video link using a camera and a TV which carries the witness’ voice and picture into the court room
CLOSED COURT: For certain matters a court may be closed to the public.
COMMITTAL HEARING: for more serious offences that must be heard in the supreme court, a magistrate must first hold a committal hearing to decide if there is enough evidence for it to proceed to the supreme court for trial
COMMUNITIES@WORK: acommunity based agency which manages the Side by Side program
COMPLAINANT: the person against whom it is alleged a crime has been committed
CONSENT ORDERS: an agreement between you and the other party which is approved by the court and then made into a court order
CONVICTION: a person can be convicted of an offence if they plead guilty or are found guilty which means it will appear on their criminal record.
COURT LISTS: the lists to refer to in order to find out which court room the case has been allocated to and at what time
COURT OFFICER: an individual employed by the courts who coordinates the flow of proceedings and people attending for matters
COURT ORDER: an order by the court that can prohibit someone from doing something or order someone to do something
CRCC: Canberra Rape Crisis Centre
CRIMINAL RECORD: a police record of your history in relation to criminal offences
CUSTODIAL OFFICER: escorts and supervises the person in custody
D
DEFENCE LAWYER: a lawyer who represents a person accused of a crime
DEFENDANT: In the Magistrates Court, the accused may be referred to as the defendant
DIRECTIONS: a court date where pre trial issues are sorted out
DIRECTORATE: administrative unit of the ACT Public Service
DOMESTIC VIOLENCE ORDER (DVO): an order made under ACT law to protect a family member from violence and to set out conditions for the respondent
DPP: Director of Public Prosecutions
DVCS: Domestic Violence Crisis Service
E
EVIDENCE: evidence is presented to the court to support a certain version of events. It can include physical items, testimony in court from witnesses and various documents
EXHIBIT: A document or physical item tendered as evidence in a court hearing or referred to in an affidavit
F
FAMILY VIOLENCE: Occurs when a family member uses violent and/or abusive behaviour towards another family member or members.
FAMILY VIOLENCE LIST: A separate list at the Magistrates Court where all family violence matters are heard
FAS: Financial Assistance Scheme
FV: Family Violence
G
GOOD BEHAVIOUR ORDER: a penalty imposed that involves a promise to be of good behaviour. It may include promises to undertake community service, or to comply with other community based conditions on release
GUILTY PLEA: when the defendant admits to the offence they were charged with
H
HEARING: the presentation of a case at the Magistrates Court
I
INDICTABLE OFFENCE: a serious offence often heard in the Supreme Court
INDICTMENT: the formal document setting out a criminal allegation
INSTRUCTIONS: a person telling lawyer what they would like them to do
INTERIM ORDER: an order made by a court until another order or a final order is made
J
JUDGE: person in charge of the court in the Supreme Court
JUDGMENT: a decision by a court
JUDICIAL OFFICER: a person who the law says can hear and decide cases, such as a judge, federal magistrate or magistrate
JURISDICTION: the legal power of a court or the area that a court's legal power covers
JURY: a group of usually twelve people in a trial who decide if the accused is guilty or not guilty
L
LAWS: the rules that are made by parliament that all citizens must obey
LEGAL ARGUMENT: when the lawyers have a discussion about the rules of the court or interpretation of legislation
LEGISLATION: A proposed or enacted law or group of laws.
M
MAGISTRATE: person who is in charge of the court in the Magistrates Court
MEDIATION: where both parties try to sort out problems with the help of a qualified professional
MENTAL IMPAIRMENT: a disability, including intellectual disabilities, acquired brain injury, mental illness and dementia
MENTION: a court appearance in the Magistrates Court where a person first appears to answer the charges or to check on the progress of a matter
N
NON PAROLE PERIOD: when a sentence of imprisonment is imposed a non parole period will also be imposed. This is the minimum period the prisoner will serve before they are eligible for release
NOT GUILTY PLEA: when the defendant denies the offence they were charged with
O
OATH: An oath is what you make in court when you swear on a holy book to tell the truth, the whole truth and nothing but the truth
OFFENCE: something that is against the law - an offence is another word for crime
P
PARTY: a person or legal entity involved in a case
PERSONAL PROTECTION ORDER: an order made under ACT law to protect people from violence by a person they are not related to and to set out conditions for the respondent
PLEA: the response in court to the charges. Please can be either guilty or not guilty
POLICE BRIEF: a collection of all the evidence in a case
PRECEDENT: a court decision that is used as an example or reason for later decisions
PROCEEDINGS: the court process in regard to a matter
PROOFING: A meeting between the victim/witness and the prosecutor to discuss the victims/witnesses evidence
PROSECUTOR: Prosecutors are lawyers that represent the interests of the community, not an individual person. Their job is to present all the evidence to the court where someone has broken the law. They are governed by a prosecution policy
PUBLIC GALLERY: The space in the Court where the public sits (at the back of the court room)
R
REGISTRAR: a person who works for the court and who has been given power to make certain decisions
REMOTE WITNESS: a witness giving evidence from a remote location via CCTV. This may be in a Court building or in a separate building.
RESPONDENT: a party named by an applicant as the other party
REVOKE: to cancel something, such as a court order
S
SBS: Side by Side, volunteers assisting victims of crime program abbreviation
SENTENCE: The penalty imposed on the accused if found they are found guilty or pleaded guilty
SOLICITOR: a lawyer who can advise a defendant about the law and represent them in court
STATEMENT: a written or recorded version of a person’s events
STATEMENT OF FACTS: a document setting out what the police allege happened
STATUTORY DECLARATION: a document that is signed in front of an authorised person, such as a justice of the peace
SUBPOENA OR SUMMONS: A legal document requiring attendance in court to give evidence and/or of the production of a document or exhibit
SUMMARY OFFENCE: a less serious offence usually heard in the Magistrates’ Court
SIDE BY SIDE: a program in which volunteers assist victims of crime through court support and assistance with forms
SUSPENDED SENTENCE: a penalty where the magistrate or judge decides to impose a prison sentence but suspends the sentence if the person agrees to be of good behaviour and/or comply with other conditions
T
TRANSCRIPT: a record of the spoken evidence in a court case
TRIAL: a court case in front of a Judge or jury in the Supreme Court
U
UNDERTAKING: a promise to the court to do or not do certain things
V
VERDICT: when the Magistrate, Judge or jury make a decision on whether or not the person is guilty as charged
VICTIM: a person who has had a crime committed against them
VICTIM IMPACT STATEMENT: a statement to the court about the impact of the crime on the victim. The statement can only be tendered to the court at sentencing
VSACT: Victim Support ACT
VSS: Victims Services Scheme
W
WARRANT: a court document that says what the police or sheriff can do, such as arrest someone or search their house
WAS: Witness Assistance Service, part of Director of Public Prosecutions
WITNESS: a person who tells the court about what they have seen or heard
