Words used in the justice system

Learn more about words used in the justice system in Victoria.

The information on this page is for the criminal justice system in Victoria, Australia. If you are from another state, please search for your state's victims service.

A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z

A

abscond

If an offender has absconded, it may mean that the authorities cannot locate them or that they have not contacted their supervising officer as required.

accused

A person who has been charged with a crime. May also be called the accused person or the defendant.

acquit

To find someone 'not guilty' on a charge in a criminal case.

adjourn

To move a court hearing to another time or day.

adjournment without conviction

The outcome of a criminal case where the court does not record a conviction, as long as the person sentenced does not offend again within the period stated by the court. This court order is also known as a ‘good behaviour bond’, ‘deferred sentence’ or ‘suspended sentence’.

affirmation

See oath/affirmation.

affidavit

A document that presents written evidence in a court case, setting out what a witness says is true. It must be sworn to be true and correct in front of an authorised official, on oath or by affirmation.

aggravating factors

Circumstances that make an offence much more serious. For example, if a gun is used in a robbery, that is an aggravating factor.

aggravated burglary

Burglary occurs when a person enters a building or part of a building without permission in order to steal something or damage property. In some circumstances, such as if the person is carrying a weapon during the burglary or enters the building when they know someone is inside, the crime is considered more serious and will be called an aggravated burglary.

You can learn more about aggravated burglary and what you can do if you are a victim.

alleged/allegation

Something that is claimed but not proved. For example, the police can allege in court that a car was stolen, but they then have to prove it with evidence. If you say a person did something illegal you are making an allegation.

appeal

The review of the decision of a lower court by a higher court. If an appeal is successful, the higher court can change the lower court’s decision or require the lower court to rehear the matter. You can learn more about appeals.

appellant

A person who appeals against a court or tribunal decision. For example, if an offender appeals against their sentence, they may be called the appellant in court.

arrest

To seize a person suspected of breaking the law and hold them under police control. Police have powers to arrest people they suspect are criminal offenders.

award

A court decision that a party receive compensation, such as an ‘award’ of damages to compensate them for physical injuries. You can learn more about getting compensation from an offender.

B

bail

An agreement by a person charged with a criminal offence to appear at court when required and to abide by any special conditions (rules) about what they can or cannot do while on bail. This can include a condition that they not approach or contact the victim. You can learn more about bail.

barrister

A lawyer who specialises in giving advice in difficult cases and representing clients in court.

beyond reasonable doubt

The level of proof required in criminal trials. If there is any reasonable doubt about the case made by the prosecution, it has not been proved and the accused person will be found not guilty.

burden of proof

In criminal matters, the prosecution must prove that the accused is guilty 'beyond reasonable doubt'. This standard is called the 'burden of proof'.

burglary

Burglary occurs when a person enters a building or part of a building without permission in order to steal something or damage property. You can learn more about burglary and what you can do if you are a victim.

C

caution

The police may issue an offender with an official caution if they are under 18 years old. A caution is a formal warning about the offending behaviour. This is usually used for a first offence and must be appropriate in the circumstances. This means the matter will not go to court.

charge

A statement giving the details of a crime an accused person is claimed to have committed. It is sometimes said that police ‘charge’ an accused person, ‘bring charges’ or ‘lay charges’. You can learn more about how police lay charges.

civil court

A court hearing non-criminal cases. A civil action is where a person or organisation sues another for compensation or for some other court order. This is different from a criminal case, where the police bring criminal charges and the court may give the defendant a penalty, such as time in prison, if they are found guilty.

closed court

Some court cases (or parts of them) are closed to the public because the court thinks it necessary to protect a person’s identity or certain information. If the court is closed only people that need to be in the court will be able to attend. You can learn more about going to court.

concurrent sentences

Sentences that are served at the same time. This is different to cumulative sentences.

contempt of court

Disobeying a court order or doing something that shows disrespect for the authority of the court or a judge.

conviction

A person is convicted of a crime in court when:

counsel

A lawyer who appears in court and speaks on behalf of their client, often a barrister.

court

The word ‘court’ can be used for:

  • the room in which a hearing in the law case is taking place (also called the courtroom)
  • the type of court where a criminal or civil law case is heard.

In Victoria, there are three levels of criminal court – the Magistrates’ Court (including the Children’s Court), the County Court and the Supreme Court. You can find out more about how courts in Victoria work.

court list

A list that shows the cases to be dealt with that day. You can learn more about getting information about court cases.

court networker

A volunteer who helps people who go to court. Court networkers help witnesses, victims of crime and their families or friends. You can find out more about going to court.

court order

A document from the court that says that someone must do or not do something. If a person does not follow a court order they may be found in contempt of court and be charged with a criminal offence for breaching the order. An example of a court order is a Family Violence Intervention Order.

crime

An action by a person that is against the law. It may also be called an ‘offence’ or a ‘criminal offence’. You can learn more about different types of crime on this website.

Crown

The word ‘Crown’ can be used in the criminal justice system for the:

  • legal power and authority of the Commonwealth, state and territory governments
  • prosecution in a criminal trial.

cross-examination

An opposing party’s questioning of a witness in a court case. If you are a witness for the prosecution, the defence lawyer may ask you questions in the cross-examination.

culpable driving

The crime of culpable driving causing death may occur when a person driving a vehicle causes another person’s death because they were:

  • driving recklessly or negligently
  • were under the influence of alcohol or drugs to the extent that they could not control the vehicle.

This website has information about culpable driving.

cumulative sentences

Sentences that are served one after another, not at the same time. This is different to concurrent sentences.

custodial sentence

A sentence which means the offender must serve time in prison. It may also be called a prison sentence. You can learn more about what happens when an offender is in prison.

custody

When a person is put under lawful control, such as when a person is arrested by the police and taken to a police station or is serving a sentence in a prison.

cybercrime

Cybercrime can include:

  • crimes committed directly against computers and computer systems, such as hacking
  • the use of computers and technology to commit a crime. This can include crimes such as fraud and scams and harassment.

You can learn more about protecting yourself online.

D

defence

The word defence can be used in the criminal justice system to mean a:

  • defendant’s response to the legal claims made against them in court by a prosecutor
  • lawful excuse for conduct: for example, killing someone in self-defence
  • term referring to the defendant and their legal team.

defence lawyer/barrister

The person whose job it is to represent the accused or defendant in court. This person speaks to the magistrate or judge for the defendant and asks witnesses questions.

defendant

A person who has been charged with a criminal offence. They may also be called the accused or the accused person.

diversion

In Victoria, low level criminal offences may be dealt with by a diversion program, particularly when the person has not committed a criminal offence before. This means that the person may avoid a criminal record, but they will need to follow the conditions set by the diversion program. You can learn more about diversion.

duty lawyer

A lawyer who helps people who do not have their own lawyer on the day of their court hearing. They can give free legal advice and may be able to represent people in court.

E

elder abuse

Any act which results in harm to an older person. It can include many different types of abuse or neglect. You can learn more about elder abuse and family violence.

evidence

Material presented to a court to prove or disprove a fact. It can include what witnesses say as well as documents and other objects. You can learn more about giving evidence.

F

family violence

A pattern of behaviour where one person tries to control or scare another person. It is a form of abuse that can happen in many different personal and family relationships.

On this website, you can learn more about:

family violence intervention order (FVIO)

A court order made to protect a family member from violence, intimidation or harassment. In Victoria, people who are experiencing family violence or the police can apply to the Magistrates’ Court for a family violence intervention order.

fraud

When someone uses dishonest behaviour in order to gain an advantage from another person or organisation. The advantage is often money but it may also include goods, services and property. You can learn more about fraud and what you can do if you are a victim.

G

graffiti

Marking or defacing objects. It can include painting, drawing and scratching and can be a crime if it is done without the owner’s permission. You can learn more about what you can do if your property is damaged by graffiti.

guilty or not guilty

In a criminal court case, the court needs to decide whether an accused person is:

  • guilty – that there is enough evidence to prove they did the crime
  • not guilty – that there is not enough evidence to prove that they did the crime.

This is called the verdict. At the beginning of a court case, the accused person will be asked whether they want to plead guilty (admit they did the crime) or not guilty.

You can learn more about how courts make decisions.

H

hearing

The time and place at which a court hears a case and/or makes a decision. A criminal case may have just one hearing or many hearings. You can learn more about the following types of hearings on this website:

homicide

Occurs when a person is killed unlawfully. It covers situations where it can be proved that an offender intended to kill the person (murder) or where that cannot be proved (manslaughter). This website has information for people who have lost a family member or loved one to homicide.

I

identity theft

Theft of your personal identity information, including social media accounts, photographs and financial details (such as bank accounts). This can be valuable to criminals who can use this information to commit frauds on you or other people.

You can learn more about identify theft and fraud and what you can do if you are a victim.

image-based abuse

When intimate, nude or sexual images are shared without the consent of people in the images. You can learn more about image-based abuse and what to do if you are a victim on the eSafety Commissioner’s website.

inadmissible

Something that is not allowed as evidence in a court hearing. For example, the fact that someone has been convicted of theft in the past is inadmissible to show that they stole something this time. You can learn more about giving evidence in court.

indictable offences

More serious crimes such as aggravated burglary, indecent assault, murder and manslaughter. These are usually tried in the County Court or the Supreme Court. You can learn more about criminal offences and how different courts work in Victoria.

indecent assault

A form of sexual assault. You can learn more about sexual assault and what you can do if you are a victim.

indictment

A document that lists the charges against an accused person and is filed with the court to begin a criminal case.

informant

See police informant.

injury (from a crime)

Harm experienced because of a crime. It can include injury to the body, as well as other forms of harm such as grief, distress and mental harm.

On this website you can learn about:

inquest

A public hearing by the Coroners Court into a death or fire. It is not a criminal trial. You can learn more about inquests on the Coroners Court website.

intervention order

A court order that prohibits a person from harming or harassing someone. Types of intervention orders are Personal Safety Intervention Orders and Family Violence Intervention Orders. You can learn more about how you can apply for an intervention order.

J

judge

The person who is in charge of the court and has the power to :

Judges usually hear cases in the County and Supreme Courts, while magistrates are usually in charge of cases in the Magistrates’ Court.

jurisdiction

The authority of a court or tribunal to hear matters brought before it. For example, courts in Victoria generally have jurisdiction over things that happened in Victoria. They do not have authority to hear cases where a crime may have happened in another state or country.

jury

A group of people from the community brought together to make a verdict (a finding of fact) on a legal question or court case (e.g. to decide if a person accused of a crime is guilty or not guilty).

L

law

The set of rules developed by the government and the courts to deal with, among other things, crimes.

In Victoria, laws or pieces of legislation are called Acts. For example, a law in Victoria that covers how victims of crime should be treated is called the Victims' Charter Act 2006. You can read Victoria’s laws on the Victorian Legislation and Parliamentary Documents website.

lawyer

A person who is trained in the law. A lawyer advises people about the law. See barrister and solicitor.

M

magistrate

The person who is in charge of the court when a case is heard in the Magistrates’ Court. The magistrate has the power to:

mandatory reporting

A law that says people must tell a government agency if they know an offence is or has been committed. For example, doctors and teachers must report child abuse. You can learn more about mandatory reporting of child abuse on the Department of Health and Human Services website.

manslaughter

A crime in which:

  • a person is killed unlawfully
  • it cannot be proved that the offender intended to kill the person.

This website has information about the crime of manslaughter.

murder

A crime in which:

  • a person is killed unlawfully
  • it can be proved that the offender intended to kill the person.

This website has information about the crime of murder.

N

non-custodial sentence

A criminal sentence where the offender does not go to prison. For example, the offender may be placed on a community-based order.

non-parole period

The minimum amount of time that an offender must spend in prison before they are eligible to apply to be released into the community on parole. You can learn about how parole works.

O

oath/affirmation

When a witness promises to tell the truth in court. You can choose to take the oath on a religious book such as the Bible or Koran, or you can choose to make an affirmation, which is a non-religious promise.

offence/criminal offence

A criminal act or act that breaks the law. The police may charge an accused person with a criminal offence. You can learn more about different crimes on this website.

offender

A person who has committed a crime. If an offender is sentenced to serve a period of time in a prison, they may be called ‘the prisoner’. You can learn more about how the Victorian Victims Register can provide information about offenders to victims of violent crime.

open court

Most court cases are heard in 'open court' which means the public can attend the hearing. This is the opposite to a ‘closed court’.

P

parole

An offender serving a sentence in prison may apply for parole, which is a supervised release into the community. You can learn about how parole works.

perjury

The criminal offence of lying when questioned in court or when making a sworn statement. You can learn more about making a statement to police and giving evidence in court.

perpetrator

A person who commits a crime, also called an offender.

physical assault

Occurs when a person uses physical violence and causes injury to another person’s body. You can learn more about physical assault and what you can do if you are a victim.

plea

During a criminal case, the accused person will usually be asked to tell the court if they are guilty or not guilty. This is called a ‘making a plea’.

police informant/informant

(also called the police investigator)

The Victoria Police officer who lays the criminal charges against the accused person and coordinates the investigation. The police informant is the main point of contact between a victim and the police. You can learn more getting information about a police investigation.

privileged information

Information that is not allowed to be revealed or spoken about in court.

property damage

Common forms of property damage can include damage to your home, car and personal possessions. It can include vandalism and graffiti, which is marking or defacing objects.

You can learn more about what to do if your property is damaged.

prisoner

An offender may be called this if they are sentenced to prison. You can learn more about what happens while an offender is in prison.

prosecutor/prosecution

A person who initiates and carries out a legal action. In criminal court cases, the prosecutor works for the community and it is their job to prove to the court that the accused person is guilty.

In Victoria, a prosecutor can be a:

  • barrister for the Director of Public Prosecutions
  • police prosecutor (a Victoria Police officer trained in matters of law).

Victims of crime may have contact with the prosecutor before and during the court case. You can learn more about getting information about a court case and what happens in court.

R

recognisance

An undertaking by a person to a court that they will do something. For example, an accused person can undertake to a court that they will appear at a later date for their hearing. A recognisance often includes a payment to the court – known as a security – to back up their commitment to do something.

registrar

The officer in charge of the administrative section of a court, which is known as the ‘registry’.

registry

The administrative section of a court that accepts documents that are filed with the court and also handles some public enquiries. You can find the contact details for courts in Victoria.

remand in custody

An order that a person charged but not yet convicted of an offence be detained until they go to court for a hearing. You can learn more about remand.

remote witness room

Some vulnerable witnesses are permitted to give evidence in court cases from a remote witness room via closed circuit television (CCTV) instead of in the courtroom.

restraining order

A court order that can be taken out by the Director of Public Prosecutions over the offender's property. A restraining order stops the offender from getting rid of the property. This means it may be available for any future compensation order that might be made by a court. Restraining orders are different from intervention orders.

robbery

Occurs when a person uses violence or the threat of violence to take another person’s property. You can learn more about robbery and what you can do if you are a victim.

S

scam

When someone uses dishonest behaviour in order to gain an advantage from another person or organisation. It is another word for fraud.

You can learn more about scams and what you can do if you are a victim.

security

Money or property promised to be handed over as a guarantee that an accused person (defendant) will meet their bail conditions. You can learn more about bail.

sentencing court

The court that decides on the penalty to be given to an offender who has been convicted of a crime. You can learn more about how courts make decisions.

sentencing order

A court order that imposes a penalty, such as imprisonment, in a criminal case. You can learn more about sentencing orders in Victoria on the Sentencing Advisory Council website.

sexual assault

Any behaviour of a sexual nature that makes someone feel uncomfortable, frightened, intimidated or threatened. It is sexual behaviour that someone has not agreed to, where another person uses physical or emotional force against them. It does not always include physical harm.

You can learn more about sexual assault and what you can do if you are a victim.

special hearing

Children can give their evidence at a special hearing in the County Court. Evidence is video recorded and played to the jury at the trial later. You can learn more about the Child Witness Service which assists children and young people to give evidence.

solicitor

A lawyer who prepares a case to go to court.

stalking

Any repeated behaviour by a person that makes you:

  • worried about your safety
  • causes you physical harm, or
  • causes you emotional harm.

You can learn more about stalking and what to do if you are a target of this kind of behaviour.

statement

A written document made and signed by a witness, telling police what they know about a crime. You can learn more about making a statement to police.

summary offences

Common, less serious crimes. You can learn more about how summary offences are dealt with in Victoria.

summons/subpoena

A written legal order that says a witness must give evidence in court or an accused person must appear in court. If you receive a summons or subpoena, you must go to court. You can learn more about summons and subpoenas and getting information about a criminal court case.

support person

In some circumstances, victims of crime can have a support person with them when they talk to the police or go to court. You can learn more about how to report a crime or getting support to go to court.

surety

A person who promises a court that an accused person released on bail will attend court on a hearing date. If the accused person does not attend court, the surety must pay the court the amount of money stated in the bail documents.

suspended sentence

A custodial sentence (time spent in prison) that is only served if the offender commits a further offence. If the sentence is wholly suspended, no time in prison will be served, but if it is only partly suspended the offender will serve some time in prison.

T

theft

Occurs when someone takes your property without your permission and with the intention of not giving it back. This can also be called stealing. You can learn more about theft and what you can do if you are a victim.

trial

A court hearing in the County Court or the Supreme Court that is held to find out whether a person accused of serious crimes is guilty or not guilty. You can learn more about what happens in a trial.

V

Video Audio Recording of Evidence (VARE)

A victim's statement on video.

verdict

The decision by the jury about whether they find the person accused of a crime guilty or not guilty.

victim

A victim of a crime is someone who experiences injury, harm or financial/property loss because of the crime. On this website you can learn more about:

Victim Impact Statement

A statement you can make to tell the court how the crime has affected you. The court takes this into account when deciding the sentence for the offender.

Victims Register

If you are a victim of a violent crime in Victoria, you can apply to go on to the Victims Register. This service contacts eligible victims to update them about an offender’s sentence.

W

witness (to an event)

A witness to an event is someone who sees or hears or has something happen to them.

witness (in court)

In court, a witness is a person who appears to give evidence about something that is relevant to the case the court is hearing.

witness box

The place where people stand or sit when they are giving evidence in a court.

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