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Glossary of Legal Terms

Term

Definition
Accused A person charged with a crime is called the defendant in a Magistrates' Court and the accused in the Supreme Court and the County Court.
Bail An agreement made by a person charged with a criminal offence to appear at court when required and to abide by any special conditions on what they can or cannot do while on bail. This can include a condition that they not approach or contact the victim.
Barrister A lawyer who appears at court, either as prosecutor or defence counsel.
Civil Court A court hearing non-criminal cases. A civil action is brought by one person against another person where it is alleged that one person has infringed the other's legal rights.
Committal Hearing A court hearing held in a Magistrates' Court before a magistrate sitting alone to establish whether there is enough evidence for a trial before a judge and jury.
Compensation An amount of money given to a victim of crime to pay for loss, damage or to make amends.
Complainant A victim in cases involving sexual offences.
Conviction A person is convicted when they are found guilty by a jury or plead guilty before a judge or magistrate.
County Court A judge presides over this court. It hears serious (indictable) cases and a jury decides the case.
Court networker A volunteer who helps people who go to the court. Court networkers help witnesses, victims of crime and their families or friends.
Court A room in which court hearings are held.
Crime An action that is against the law and for which people can be punished.
Cross-examination Asking a witness questions about evidence he or she has given during the examination-in-chief. The defence barrister cross-examines prosecution witnesses and the prosecutor cross-examines defence witnesses.
Crown Prosecutor A prosecutor who works solely for the Director of Public Prosecutions.
Defence Arguments used by a person and his or her solicitor defending him or herself in court.
Defendant A person who has been charged with a crime is called the defendant in a Magistrates’ Court.
Director of Public Prosecutions (DPP) This is the person who is responsible for prosecuting serious (indictable) offences in the State of Victoria.
Evidence The information given to the court to show what happened. Witnesses give evidence by telling the people in the court what they know. Sometimes things like clothing, photographs or letters are also shown to the court.
Guilty A person is guilty if he or she has been found guilty by a jury or pleaded guilty before a judge or magistrate.
Judge/td> A person who hears cases in the County Court and Supreme Court. The judge has the power to interpret the law and apply it, and to decide how a person should be punished if he or she has broken the law.
Jury A group of 12 people who are chosen to decide who is guilty or not guilty in a County Court or Supreme Court trial.
Law The set of rules developed by the government and the courts to deal with, among other things, crimes.
Lawyer A person who is trained in the law. A lawyer advises people about the law. See barrister and solicitor.
Magistrate A person who hears cases in a Magistrates' Court. The magistrate also decides whether cases are serious enough to be passed on to higher courts.
Magistrates' Court The court that hears the less serious (summary) cases and does not use a jury.
Not guilty A verdict given by a jury. This means the jury thinks the prosecution has not proved its case beyond reasonable doubt.
Oath A promise to tell the truth in a court. Oaths can be given by swearing on a religious text such as the Bible or the Koran, or by making an affirmation.
Office of Public Prosecutions (OPP) The office consisting of lawyers and support staff who work for the Director of Public Prosecutions.
Plea An accused person can plead 'guilty' or 'not guilty'. At a committal hearing a person can also elect to reserve their plea until their case reaches the County Court.
Plea hearing This is a hearing held before a judge or magistrate, either after an accused person has been found guilty by a jury or after electing to plead guilty. It is the hearing at which submissions in relation to sentence are made and Victim Impact Statements are given to the court.
Police informant The police officer in charge of the investigation and the main contact between police and the victim.
Prisoner This is what a defendant or an accused person is called after they have been convicted, or found guilty, of an offence.
Prosecutor A barrister for the Director of Public Prosecutions who calls witnesses and presents evidence in court to show that a person is guilty.
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, hence preserving it for any future compensation order that might by made by a court.
Sentencing court The court that decides on the penalty to be given to an offender who has been convicted of a crime.
Solicitor A lawyer who prepares a case to go to court.
Statement A written document made and signed by a witness, telling police what they know about a crime.
Subpoena A document telling someone they must go to a court to give evidence as a witness in the County Court or Supreme Court.
Summons A letter telling someone they must go to a court to give evidence as a witness in a Magistrates’ Court.
Supreme Court This court hears the most serious cases. A judge presides over the court and a jury decides the case.
Trial A court hearing held in the County Court or Supreme Court before a judge and jury. The purpose of a trial is to find out whether an accused person is guilty or not guilty of a crime. The prosecution calls witnesses to give evidence at a trial.
Verdict A decision given by a jury, which tells the court whether a person is guilty or not guilty.
Victim Impact Statement A statement that can be made by a victim of crime to the sentencing court. The statement informs the court of how the crime has affected the victim and is taken into account by the court when sentencing the offender.
Witness Assistance Service (WAS) A service attached to the Office of Public Prosecutions that is staffed by experienced social workers. The function of this service is to provide ongoing information and support for witnesses and victims of crime going through the court system.
Witness box The place where people stand or sit when they are giving evidence in a court.
Witness A person who appears in a court to tell what he or she knows about a crime or other event.