Criminal Law glossary
Australian criminal law has its own vocabulary — terms that appear in state Crimes Acts, Bail Acts, Sentencing Acts, the codified Criminal Codes (in QLD, WA, TAS), and standard practice across the District and Supreme Courts. This glossary covers 40 of the most commonly used.
This is a glossary of 40 key terms used in Australian criminal law. Each term has a plain-English definition and a reference to the underlying statute or leading authority. Use it as a reference for client conversations, briefings, or junior lawyer training.
Definitions
Accused
A person formally charged with a criminal offence and facing prosecution. Distinct from a suspect, who is being investigated but not yet charged.
Adjournment
A temporary postponement of a court hearing to a later date. Common in criminal proceedings for various procedural reasons.
Affidavit
A written statement of facts sworn or affirmed before an authorised person. Used in bail applications, sentencing, and other interlocutory matters in criminal proceedings.
Aggravating factor
A circumstance of an offence that makes it more serious for sentencing purposes. Examples include the use of weapons, vulnerability of the victim, and breach of trust.
Arraignment
The formal court hearing where charges are read to the accused and a plea (guilty or not guilty) is taken. Occurs in higher courts at the start of indictable proceedings.
Bail
The conditional release of an accused person while their criminal matter is pending. Bail Acts in each state set out the test and conditions that may be imposed.
Bail concerns
Statutory considerations the court applies under the NSW Bail Act when deciding whether to release an accused — risk of flight, risk of further offending, risk of harm, and risk of interference with witnesses.
Beyond reasonable doubt
The standard of proof required to convict in a criminal trial. The prosecution must prove every element of the offence to this standard.
Brief of evidence
The prosecution's collection of all evidence intended to be relied on at trial — witness statements, exhibits, expert reports, and police records. Disclosed to the defence.
Bugmy submission
A sentencing submission that takes into account the offender's background of social and economic deprivation, particularly (but not exclusively) for Indigenous offenders.
Charge
A formal allegation that a person has committed a criminal offence. Charges initiate criminal proceedings.
Committal
A preliminary hearing in the Magistrates Court for indictable offences, where the magistrate decides whether to commit the accused to a higher court for trial.
Concurrent sentence
A sentence served at the same time as another sentence, rather than after it. Multiple offences can result in concurrent sentences.
Cumulative sentence
A sentence served after the completion of another sentence. Used when offences are sufficiently distinct that consecutive punishment is justified.
Directions hearing
A procedural court hearing where the court makes orders about the future conduct of the proceeding — such as listing for trial, exchange of materials, and other interlocutory matters.
Disclosure
The prosecution's obligation to provide the defence with the evidence in its possession that is relevant to the case. A continuing duty throughout the proceedings.
Element
A component of an offence that the prosecution must prove beyond reasonable doubt for a conviction. An offence typically has multiple elements (e.g. act, intent, harm).
Examination in chief
The first questioning of a witness by the party that called them. Distinct from cross-examination by the opposing party.
Good behaviour bond
An order requiring the offender to be of good behaviour for a specified period, with conditions. Used as a sentencing option in some states for less serious matters.
Guilty plea
An admission by the accused of the charges. A guilty plea typically results in a sentencing discount and avoids the need for a trial.
Indictable offence
A serious criminal offence triable on indictment in a higher court (typically District or Supreme Court). Distinct from summary offences heard in the Magistrates Court.
Indictment
The formal document setting out the charges against an accused person in higher court proceedings.
Intervention order
A court order restricting the conduct of a person to protect another from violence or harassment. Known as an AVO in NSW, IVO in VIC, DVO in QLD.
Manifest excess
A ground of appeal against sentence — that the sentence is so excessive that no reasonable sentencing judge could have imposed it. A high threshold to meet.
Mitigating factor
A circumstance that reduces the seriousness of an offence for sentencing purposes. Examples include cooperation with authorities, remorse, and prior good character.
No case submission
A submission at the close of the prosecution case that there is insufficient evidence to convict, and the trial should not proceed to the defence case.
Particulars
The specific details of an offence, including the date, location, and conduct alleged. Required to inform the accused of the case to meet.
Plea
The accused's response to the charges — guilty, not guilty, or (in limited circumstances) no plea. The plea determines whether the matter proceeds to trial or sentencing.
Pre-sentence report
A report prepared by Corrections Services on an offender's background, circumstances, and suitability for various sentencing options. Considered at sentencing.
Remand
Custody of an accused person while their matter is pending. An accused refused bail (or unable to meet bail conditions) is held on remand.
Section 10
A NSW sentencing option allowing a finding of guilt without recording a conviction, dismissing the offender or placing them on a good behaviour bond.
Sentencing discount
A reduction in sentence given for a guilty plea, the timing of the plea, cooperation, and other recognised factors. Each AU jurisdiction has its own approach.
Show cause
A NSW Bail Act provision requiring the accused to show cause why their detention is not justified — applies to certain serious offences and creates a presumption against bail.
Standard of proof
The level of proof required to establish a fact in court. Criminal matters require proof beyond reasonable doubt; civil matters require proof on the balance of probabilities.
Statement
A written account of evidence given by a witness, signed and dated. Used in the brief of evidence and at trial.
Summary offence
A less serious criminal offence dealt with in the Magistrates or Local Court without a jury. Distinct from indictable offences.
Suspended sentence
A sentence of imprisonment that is suspended on conditions, meaning the offender is not immediately imprisoned. Available in some jurisdictions.
Verdins principles
Sentencing principles relating to mental impairment, named after R v Verdins (2007) 16 VR 269. The principles set out the relevance of mental health to sentencing.
Voir dire
A trial within a trial — a hearing held in the absence of the jury to determine a question of law (such as the admissibility of evidence).
Without conviction
A finding of guilt without recording a criminal conviction. Available in some jurisdictions for less serious matters where the offender wants to avoid a criminal record.
Research these terms in context
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These definitions are general explanations for educational purposes — not legal advice. Always verify against current legislation and case law before relying on them in a client matter.
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