Glossary of legal terms

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Accomplice
A partner in crime.

Accused
The man who is being charged with the offence. He is known as 'the accused'.

Acquittal
Where the accused is found not guilty.

Adjournment
Putting off a court hearing until a later date.

Bail
This allows a person to be released from custody until they go to court or between court appearances. They have to sign a form promising that they will go to court on the specified date. The police or court may require the person or a friend of the person to deposit a sum of money which can be recovered when the person turns up at court.

Barrister
The person who receives instructions from the solicitor and appears in court on behalf of the client to put the client's case.

Chamber Magistrate
A person who is available at the Local Court to give free legal advice. This person does not sit and hear cases in the court.

Carnal knowledge
To have sexual intercourse with.

Civil law
Process by which grievances between individual private citizens are settled.

Complainant
The woman who reports a sexual assault to the police.

Conviction
Where the accused is found guilty by the jury, or pleads guilty.

Corroboration
Confirmation of a statement by evidence (known as corroborative evidence). Can be, for example, an eyewitness to a crime, or injuries to corroborate a charge of physical violence.

Counsel
Another name for barristers. Can be either 'prosecution counsel' or 'defence counsel' (see below).

Criminal law
Where the State disciplines the offender and therefore the Crown becomes the prosecutor (one party), and the offender is the other party. This applies to sexual offences, which is why the woman is only a witness and not one of the parties.

Cross-examination
The practice of questioning and cross-questioning by both sides of the court.

De Facto Relationship
Living together as husband and wife but not married.

Defence
The 'side' belonging to the defendant, who must fight the charge(s) against him (by destroying the evidence that the prosecution produces).

Defendant
Same as the accused: the man who is defending himself against the charge.

Forensic
Used in court of law (for example, forensic evidence).

Hearsay (evidence)
What is heard to have been said by another person, but is not known to be true.

In camera
In the judge's private chambers (at the back of the court) or not in open court.

Injunction
An order made by a court which forbids or commands a person to do something.

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Legal Aid
Government funded, means-tested financial assistance to pay legal fees.

Magistrate
The person who hears cases and makes decisions in Local Courts.

Misdemeanour (archaic)
Crime less serious than felony.

Order
A decision made by a court. The person who receives an order must obey it.

Plea
The defendant's answer to the charge(s) against him (`he pleads guilty or 'changes his plea').

Prosecution
The 'side' of a court case whose job it is to prove to the jury's satisfaction that the accused is guilty.

Solicitor
The person who is legally qualified to advise clients and prepare cases for barristers. Also known as instructing solicitor.

Statutory
Actually written down in legislative form, as in an Act of Parliament (as opposed to case law, which is developed from individual court cases).

Subpoena
A document from a court requiring a person to appear before the court at a certain place and time to give evidence.

Summons
A document from a court requiring a person to appear before the court at a certain place and time.

Warrant
A document from a magistrate requiring` the police to arrest a person and bring them before a court.

Witness
A person who tells a court what she or he knows about the matter in question.

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Disclaimer Copyright Updated: 25 Sep 2009