Glossary of Terms
A
Accused – An individual charged with breaking the law. Also
known as a defendant.
Acquittal – A decision of a judge that an accused is not guilty
or a case is not proven.
Adjourn – A break in court proceedings to mark the end of a legislative
day.
Affidavit – A signed statement made on oath. This can be used in
court as proof of what the witness says, without requiring the witness to come
to court.
Affirmation – A declaration to tell the truth in court; one that
does not involve taking a religious oath.
Allegation – An accusation that has been made but not yet proven
to be true.
Appeal – To challenge a conviction and/or sentence.
B
Bail – Temporary release of an accused person awaiting
trial or a hearing, usually on the condition that a sum of money is lodged to
guarantee their appearance in court. Also known as Police Bail.
C
Charge – The crime that the accused is thought to have
committed.
Citation – The letter or form that tells a witness when and
where to go to court.
Commissioner – A judge, lawyer, sheriff or other suitable person
who hears evidence at a different place and time to the actual court case. This
evidence can then be used during the court case.
Complaint – A statement accusing a person of breaking the law.
Confiscation – Property or money taken from an offender who
benefited from crime.
Cross-examination – Being questioned by the lawyers of the opposing
party.
Custody – When a person is kept in prison or a police cell.
D
Direct Examination – Formal interrogation of a witness by his or her own
lawyer.
E
Evidence – What a witness says in court. Also includes items
such as documents, photographs and clothing.
F
Forensic evidence – Scientific evidence collected from a crime scene
such as DNA or fingerprints.
G
Guilty – A verdict that means it has been proven beyond
reasonable doubt that the accused has a part to play or is fully responsible
for the crime. The judge then considers any punishment or sentence.
H
Hearing – Any part of a trial that takes place in court.
I
Indictment – A court document that sets out the charges that the
accused faces.
Intestate succession – The term used when a person dies
without making a will.
J
Judge – A law expert in charge of all court proceedings
while ensuring legal rules are followed.
L
Liable – To be legally obligated or responsible.
M
Maintenance – A periodic monetary sum paid by one spouse for the benefit
of the other upon dissolution of marriage or separation.
N
Next of kin – Closest relative.
Not guilty/not proven – Verdicts that mean there was insufficient evidence
to prove a case beyond reasonable doubt, or there were other special reasons
for not finding the accused guilty. This person will be free to leave the court
and cannot be tried again for the same offence.
O
Oath – A religious promise to tell the truth in court.
Offender – Someone who has committed an offence.
P
Plea – The answer that an accused person gives to the court
at the start of a trial when asked if guilty or not.
Q
Question of law – A question about the law rather than facts of a court
case.
R
Remanded in custody – When a person is kept in prison or police cell
before a court appearance.
S
Sentence – The judge's decision on what should happen when an
accused is found guilty of breaking the law.
T
Trial – A judicial determination and examination of legal issues
and facts arising between parties in a criminal or civil case.
U
Undertaking – The document signed by a person who was arrested and
released on bail after promising to return to court when required. This person
may have to abide by certain conditions while on bail.
V
Verdict – The decision reached at the end of a trial on
whether the accused is guilty or not.
W
Warrant – A court document that allows the police to take certain
actions, such as searching premises or arresting someone.
