This is a collection of statements from witnesses (both police and ordinary witnesses), expert reports, medical reports, photographs, bail papers, charge sheets, etc. To not comply with a court order, such as a condition of bail. It must be proved beyond reasonable doubt that a person has committed an offence before they can be found guilty. The test (or standard of proof) used by a jury, judge or magistrate to decide if the accused or defendant is guilty or not guilty of each criminal charge. Bench WarrantĪ court ordered warrant for arrest. Alternatively, the term bench may be used when referring to the judge or magistrate sitting on the case or as a collective term when referring to a number of judges, including those sitting on the same case. The elevated seat at the front of the court where the judge or magistrate sits. Bar TableĪ long table near the front of the courtroom where lawyers stand when they are addressing the court and sit when others are addressing the court. BarristerĪ lawyer who specialises in court presentation, usually in the higher courts. It states that something must be more likely to have happened than not to have happened. The test (or standard of proof) used by a court in civil proceedings. A person on bail may be required to abide by certain conditions. In criminal proceedings bail refers to the release of a prisoner from legal custody and an agreement, sometimes described as an “undertaking”, to turn up to court. The procedure where a person is taken into police custody to be charged with a criminal offence or to be brought before a court and must remain in police custody until granted bail or until a court deals with their charges. The accused will then be asked to plead guilty or not guilty. Where the details of the charge (called an indictment) are read out to the accused in court. To take a case to a higher court in order to challenge a decision. This is not normally disclosed to the jury, but will be given to the Judge/Magistrate if the person is found guilty and is to be sentenced or where the issue is whether the accused should be released on bail or held in custody pending the hearing. AntecedentsĪ person’s criminal record and background. Until a person is proved to be guilty of a crime, the person is an “alleged offender”, an “accused” or a “defendant”. AllegationĪn assertion made by a party in legal proceedings that is still to be proven. Used by people who do not wish to swear on the Bible or other religious book. AffirmationĪ promise to tell the truth in court. AffidavitĪ statement which is signed and sworn (on a religious book) or affirmed that the contents are, to the best of their knowledge, true. They will argue in court about the facts, witness evidence and/or legal issues. The Australian legal system is known as an adversarial system, where the prosecution lawyers and the defence lawyers will offer opposing arguments. Used to describe evidence that is allowed to be given in court and taken into account in the proceedings. Adjournment (During the Trial or Hearing)Ī break in legal proceedings, either for part of a day or put off until another day. When the Magistrate, jury or appeal court finds that a person is not guilty of the crime. Other words for accused are “defendant” and “alleged offender”. A AccusedĪ person charged with committing a criminal offence or offences. The following list provides definitions of common terms used in the criminal justice process.
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