Accessory: A person who assists in the commission of a crime who is not the principal offender.
Acquittal: A decision by a Judge/jury or Magistrate that while not being a finding of innocence is a finding that the prosecution has not proved its case.
Aggravating factors: Circumstances that make an offence more serious.
Alibi: The defence to a criminal charge that the accused was somewhere other than the scene of a crime.
Appeal: To apply to a higher Court to review the decision of a lower Court.
Apprehended Violence Orders (AVOs): Applications made to a Court for Orders to restrict the actions of a defendant in relation to persons in need of protection (PINOP).
Arraignment: The formal reading of an indictment & the entering of pleas of guilty or not guilty by an accused person before a Judge.
Arrest: To take into custody or prevent freedom of movement.
Bail: A commitment made by an accused person to continue to attend Court when required often subject to conditions including the payment of a surety or security.
Balance of probabilities: The standard of proof a defendant is required to prove i.e. it is more probable than not that what the person says is true.
Beyond a reasonable doubt: The standard of proof to be found guilty of a crime.
Bond: e.g. good behaviour bond, a signed agreement to do or refrain from doing certain things.
Brief: Typed statements and other material prepared by the prosecution.
Burden of proof: The obligation to prove something.
Common law: A law system based on decisions in previous cases as distinct from legislation.
Committal proceedings: A hearing before a Magistrate of the Local Court to determine whether a person charged with an indictable offence should be committed to a higher Court for trial or sentence.
Convicted: To be found guilty of a criminal act.
Court Attendance Notice: A document prepared by police initiates a legal prosecution.
Defence: A legally recognised justification or excuse e.g. self defence.
Defended Hearing: The legal proceeding of a prosecution by police before a Magistrate.
Dismissal: A Court order which ends a prosecution.
Extradition: The transfer of a suspected criminal by one country to another.
Ex parte: An order by a Court made in the absence of a party.
Facts Sheet:A written summary by police of a case to be presented by the prosecution.
False arrest or imprisonment: To intentionally restrain a person without the right to do so.
Forensic procedure: Taking of certain body samples of a person suspected of having committed an offence.
Inadmissible: Not allowed to be used as evidence in a Court.
Indictment: A written document containing the charges laid against a person.
Inquest: Legal investigation by a coroner into the cause of death.
Judgement: A final Court ruling.
Jurisdiction: The extent of the power of the Court to rule upon issues.
Knowingly concerned: Consciously and deliberately involved in an offence.
Magistrate: A public officer with judicial powers who sits in a Local Court.
Mitigating circumstances: Events or facts which reduce the seriousness of an offence.
Non-parole period: The minimum term a prisoner must serve in custody.
Parole: That part of a prisoner’s sentence involving release from custody upon certain conditions.
Plea: A defendant’s answer to charges.
Plea bargaining: A negotiation in a criminal case between the prosecution and defence usually to decrease the type or number of charges.
Pre-sentence report: A report prepared by the Parole & Probation Service for consideration by a sentencing Court.
Prima facie: ‘On its face’ there is enough evidence to initiate or continue a prosecution.
Prosecutor: A sergeant of police prosecuting matters in a Local Court.
Quash: To set aside, cancel.
Sentence: A Court judgement given in criminal proceedings.
Subpoena: An order by a Court to produce certain documents or give evidence.
Summary offence: A minor offence heard and decided in the Local Court.
Summons: A document made by a Court which initiates legal proceedings.
Trafficking: The movement of drugs across state borders.
Trial: The hearing of a legal proceeding in the District Court or Supreme Court before a judge and jury.
Warrant: A written order or authorisation to carry out a specific act.
