Affidavit – A statement, which is signed before a judicial officer, solicitor or barrister. The person signing the legal document states that the contents are, to the best of their knowledge, true.
Acquitted – When the magistrate, judge or jury find that a person is not guilty of the crime.

Accused (defendant) – The person charged with committing the crime. Accused is used in the Local, District and the Supreme Court. Prior to 7 July 2003, the accused was previously referred to as the Defendant in the Local Court.

Adjournment – When the case is put off to another day.

Admissible – Used to describe evidence that is allowed to be given in court.

Affirmation – A promise to tell the truth in court. Used by people who do not wish to swear on the Bible or other religious book.

Alleged – Until a person is proved to be guilty of a crime, the person is an alleged offender.

Antecedents – A person's criminal record that is not disclosed to the jury, but may become relevant at sentencing.

Arraignment – Where the details of the charge (called an indictment) are read out to the accused in court. The accused will then plead guilty or not guilty.

Bail – An agreement to turn up to court. The accused may be given bail by the police or the court. A person on bail is allowed to go free until their case is decided at court.

Balance of Probability – The test (or standard of proof) used by a Court in civil claims and children’s care matters.

Bar table – A long table near the front of the courtroom where the lawyers sit.

Bench – Where the judge or magistrate sits.

Barrister – A lawyer who specialises in court presentation. Usually wears a wig and gown in court.

Beyond reasonable doubt – The test (or standard of proof) used by a jury, judge or magistrate to decide if the accused is guilty or not guilty of each criminal charge.

Brief – The evidence in written form, including the charge/s, witness statements, photographs etc. that the prosecution intends to use to prove the case.

Children’s Court – This is a special court (generally closed), which is used in most instances for hearings involving offenders under 18 years and for child protection matters.

Court attendance notice (CANs) – The notice issued to those accused of an offence requiring them to attend court.

Charge – The allegation that a person has committed a specific crime.

Closed Circuit Television (CCTV) – This is a provision available to child witnesses and adult complainants in sexual assault matters so they can give evidence to the court from a remote location. In special situations CCTV is used for adult witnesses at the discretion of the court.

Circle Sentencing – An alternative sentencing court for Aboriginal people, which involves taking the court to community settings where Aboriginal Elders and community members, and the Magistrate sit in a circle to discuss the offence and the offender. It can involve victims, as well as the offender’s families and other respected community people. It is a new justice program to ensure that the impact on victims and broader Aboriginal community is recognised by the offender and reflected in sentencing decisions.

Committal hearing – A hearing of all the evidence at the local court by a magistrate who then decides if there is enough evidence for the case to go to trial.

Counsel – Another word to describe barristers acting for the defence or the prosecution.4

Complainant – Used to describe victims of crime in court.

Conference – A meeting with the solicitor or barrister (or both) to talk about the case. Court – The building where the case is heard. Also used to describe in general terms the judicial officer hearing the case, such as a magistrate or judge.

Court officer – A person employed to assist with the running of the court. Generally this person will call your name when you are required by the court to give evidence. They can answer queries about when your matter is likely to be heard.

Cross-examination – When the lawyer for the accused (other side) asks questions of the witness about the evidence they have given and other matters.

Crown prosecutor – A barrister who presents the prosecution case in court.

Defence – The accused person’s case and the lawyers who represent them.

Defence counsel – A barrister who presents the accused person’s case in court.

Deposition – A typed copy of the evidence recorded in court.

ODPP – The Office of the Director of Public Prosecutions. An independent body established by the State government to prosecute serious criminal offences. The ODPP provides a solicitor and/or Crown Prosecutor to prepare and present the case at court.

Evidence – This is information provided to the court. Your statement forms the basis of the information or evidence that you will give in court, i.e., what you saw, heard or experienced.

Examination-in-chief/evidence-in-chief – When the prosecutor asks the witness questions so that they can tell the court what happened.

Exhibits – All the other evidence (apart from statements from witnesses) needed to help present the case, such as documents, photographs, clothing or other items relevant to the case.

Forensic Patient – An accused person suffering from a mental illness so severe that at the time the crime was committed, the person could not form the intent to commit the crime. This term also refers to an accused person whose mental condition at the time of the trial renders him or her unfit to be tried after an evaluation of the capacity of the person to understand the proceedings, to be able to commence instructions, to be able to formulate a plea to the charge and to follow to a sufficient extent what is actually taking place in the trial. The accused is not unfit simply because he or she is unable to remember the events and unable to give a version to his or her counsel.

Forensic Evidence – Comprehensive evidence detailing minute details regarding crime scenes and may include DNA evidence. Such evidence can be graphic and distressing.

Forensic Procedure – The victim and/or accused may be requested to undergo an examination e.g. mouth swab, in order to provide possible evidence for the case.

Hung jury – The situation where a jury cannot reach a unanimous (agreed by everyone) decision about the accused person’s guilt or innocence.

Indictable offence – A serious criminal offence that is usually heard in a higher court before a judge and jury (or judge alone). Less serious indictable offences are heard in a lower court.

Indictment – The formal charge for more serious cases. Used in the District and Supreme Courts.

Instructing solicitor – A solicitor who helps with the preparation of the case and helps the barrister in court.

Judge – The judge is the presiding officer of the court and is in charge of the trial. The judge’s role is to make sure the trial is run fairly.

Judge's associate – A person who helps the judge in court with documents used in the case, such as exhibits.

Legal argument – Submissions by the lawyers about legal points such as precedents from other cases or the value and relevance of particular evidence in the case. A disagreement about legal points in the case. The magistrate or judge decides the argument. The jury will be excluded during some legal argument.

Magistrate – A judicial officer presiding in the Local Court exercising some of the functions of a judge.

Mention – A brief hearing to sort out what will happen with the case, such as setting a date for the committal hearing or deciding bail. It is not a full hearing of the case.

Parties – There are two parties to the proceedings in a criminal matter, the crown and the accused (defence). Victims are not a party in the proceedings.

Plea – When the accused tells the court whether they are guilty or not guilty of the charge.

Pre - Trial Disclosure – An outline of the intended direction of the prosecution’s or defence’s case occurs in specific cases where the case has been classified as complex by the court.

Prosecutor / prosecution – A police officer (Children’s or Local Courts) or trial lawyer representing the government in a criminal case and the interests of the crown in a court. In criminal cases, the prosecutor has the responsibility of deciding who and when to prosecute.

Oath – A promise to tell the truth in court by swearing on a religious book that is important to the person making the promise.

Office of the Director of Public Prosecutions (ODPP) – See ODPP above.

Statement – A written document that sets out the evidence of a witness or an accused.

Sheriff's officer – An officer responsible for security of all parties at court. You should advise the Sheriff’s Officer if you have any concerns for your safety.

Subpoena – A court order to summon (make) a witness come to court to give evidence and/or bring documents to court.

Summary offence – A less serious charge that is dealt with in the local court.

Summons – An order from the local court requiring the accused to come to court to answer a charge.

Transcript – A typed copy of what was said in the court.

Victim Impact Statement – A written or verbal statement presented to the court on the effect of a violent crime on the victim written by the victim, by a family member in matters involving death, or by a professional. It can be read out to the court.

Voir dire – Legal argument about the admissibility of a particular piece of evidence in court. The jury is sent out of court while this argument takes place.6