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Criminal Law Glossary

Across
The conclusion reached by a jury in a criminal trial.
A party to a court case.
A system for the supervised release of prison inmates before their sentence is completed.
Where a court cancels something or declares it invalid, for example, where a criminal court cancels the charges against a defendant, or where an appeal court cancels a conviction entered in a lower court.
Conditions on which a person who has been arrested or summonsed can be released until their next court appearance. These can be imposed by the Police or the Court and include conditions which relate to the type of offending the defendant has been charged with.
An offence listed in Schedule 1 to the Criminal Procedure Act 2011 (for example, murder or manslaughter), heard as a Jury trial in the High Court.
A criminal defendant’s answer to a charge, namely ‘guilty’ or ‘not guilty’.
The law created by judges when deciding individual disputes or cases. It includes the common law (areas of law that rest mainly or entirely on court decisions) and also decisions interpreting and applying statutes (Acts).
A document filed separately by the Crown and by the defendant’s lawyer which identifies any matters to be resolved before trial and includes information such as length of trial and number of witnesses.
Where the prosecution in a criminal case must give the defendant access to all the information the prosecution holds about the case.
The jury’s discussions when deciding on a verdict.
The time set down for a court hearing.
A written statement sworn or affirmed before a person who has authority to administer an oath. Some of the evidence in a court case may be presented in this way.
Formally lodging an application or other document at a court.
The intention or knowledge of wrongdoing that constitutes part of a crime, as opposed to the action or conduct of the accused.
The term used when the defendant chooses a trial by jury.
Down
A written statement that outlines a party’s legal arguments in a case.
Second-hand information presented by a witness who didn’t directly see or hear the events in question.
The hearing that a case is adjourned to following the entry of a not guilty plea.
Failure to use even the slightest amount of care, showing recklessness or wilful disregard for the safety of others.
This is where a person who has been refused bail by the court, or who is unhappy with the conditions the court has imposed on their bail, appeals the judicial officer’s decision to a higher court.
A court order stating that a certain situation or fact exists, rather than requiring that something must be done or not done. For example, the Family Court or High Court can make a ‘declaration of paternity’, declaring that a particular man is or is not the father of a particular child.
An offence punishable by imprisonment for life or a maximum term of imprisonment of two or more years unless listed in Schedule 1 to the Criminal Procedure Act 2011. These will be heard as a Judge-alone trial or (if the defendant elects) jury trial in the District Court, unless an order is made for the proceedings to be transferred to the High Court for a Judge-alone or (if the defendant elects) jury trial in that court.
Action or conduct which is a constituent element of a crime, as opposed to the mental state of the accused.
Literally, a "friend of the Court". A person who does not appear on behalf of a party to a proceeding, but who assists the Court by pointing out matters of law or fact that have been overlooked, or who presents opposing arguments so that both sides of a case can be heard
An offence for which the defendant has the right to choose to be tried by jury.
The party called to answer an application, or the opposing party to an appeal.
When a court proceeding is postponed, or put off, until a later date.
To oppose an application, claim or charge that has been brought to the courts.
A case-scheduling hearing held with a judge to discuss procedural and administrative matters for a case after it has been scheduled for a trial. For example, this could include readiness for trial. In the criminal jurisdiction callovers are generally held for Jury trials or more complex Judge-alone trials.
A short statement on the bottom of an affidavit saying when, where and before whom it was sworn.
The various things presented in court to prove an alleged fact, including written or spoken testimony from witnesses, and other material such as documents, photographs, maps and videotapes.
A person who gives evidence in court about what they’ve seen, heard or otherwise experienced. Also, a person who observes the signing of a will or some other document.