Beruflich Dokumente
Kultur Dokumente
for
Interpreters
November 2010
Language Service
1300 651 500
Level 8, 175 Castlereagh Street, Sydney NSW 2000
Fax: (02) 8255 6711 TTY: (02) 8255 6758
Email: languageservices@crc.nsw.gov.au
© State of New South Wales through the Community Relations Commission For a multicultural
NSW, 2010. All rights reserved.
ISBN 978-0-9802978-8-1
CONTENTS
Introduction
Charges 1
Court Procedures 22
Courts/ Tribunals 26
Jury 30
References
INTRODUCTION
The Community Relations Commission For a multicultural NSW (CRC) is the
major provider of interpreters for court and legal services work in NSW.
This Legal Glossary for Interpreters has been a joint effort from CRC’s in‐
house interpreters/translators in developing a useful tool to enhance the
delivery of legal interpreting. It contains terms and phrases that are
commonly used in everyday courtroom situations. It is intended to be an
expandable glossary with a format that allows interpreters to add their own
new terms/phrases, language equivalents and/or notes.
We hope that this document will be a useful tool to enhance the delivery of
court interpreting.
CHARGES
Definition Language Equivalent Notes
Affray A fight between two or more persons in a public
place so as to cause terror to the public.
Aid and Abet To help commit a crime.
Amicus solicitor A solicitor, not a party to a case, who volunteers
(amicus curiae) to offer information to assist a court in deciding
a matter before it.
Armed robbery in Taking something of value from a victim by force
company with a weapon and in the company of another
offender or offenders.
Assault A crime of violence against another person; an
act that causes another to apprehend an
immediate harmful contact.
Assault is often defined to include not only
violence, but any intentional physical contact
with another person without their consent.
Assault occasioning An assault resulting in injury which usually is not
bodily harm permanent.
Assault Occasioning An assault resulting in a serious permanent
Grievous Bodily Harm injury.
Attempted murder The crime of preparing to commit unlawful
killing and having a specific intention to cause
the death of a person.
Breach of AVO A violation of an Apprehended Violence Order.
Breach of Bail A violation of a bail order.
Break, Enter and Steal Illegal entry into a building for the purpose of
committing a theft.
1
Child Endangerment Placing a child in a potentially harmful situation,
either through negligence or misconduct.
Common Assault An act of unlawful violence that does not cause
any lasting injury or scarring.
Contempt of Court A court order which declares a person or
organization to have disobeyed or been
disrespectful of the court's authority.
Culpable driving This offence covers homicides caused by the
culpable driving of a motor vehicle. This offence
is committed where a person drives a motor
vehicle negligently, recklessly or whilst under
the influence of drugs or alcohol.
Cultivation of A charge of cultivating, or knowingly taking part
Prohibited Drug in the cultivation of a prohibited plant.
Deemed supply Under s 29 of the DMTA, a person is deemed to
supply a prohibited drug if he/she has a
trafficable quantity of a prohibited drug in his or
her possession, unless the person proves that he
or she had the prohibited drug in his or her
possession otherwise than for supply.
Forgery An illegal act of imitating or counterfeiting
documents, signatures, works of art, etc. to
deceive.
Fraud Deceitful or deceptive conduct designed to
manipulate another person to give something of
value.
Goods in Custody A person has custody of any “thing” which may
be reasonably suspected of being stolen or
otherwise unlawfully obtained.
Indecent Assault An assault accompanied by an indecent act.
2
Indecent Exposure The revealing to view of the genitals, which by
law and convention should be covered by
clothing.
Indictable Offence An offence making one liable to be indicted in
the District Court or Supreme Court.
Malicious Damage An offence of damaging property with malice.
Manslaughter Unlawful homicide caused unintentionally.
Murder Unlawful homicide caused intentionally with
malice.
Negligent Driving An offence in which a driver fails to exercise the
degree of care expected of a careful driver in
the circumstances.
Non indictable offence A minor offence not making one liable to be
indicted thus can be tried in the Local Court.
Perjury An offence of giving false evidence under oath in
judicial proceedings.
Perverting the Course Obstructing justice from being served, by
of Justice fabricating or disposing evidence, and/or
intimidating and threatening a witness, juror
and/or judge.
Possess Instrument Having in possession a false document or an
with criminal intent instrument with the intention to commit a
crime.
Possess Prohibited Have prohibited drug(s) in one’s possession.
Drug
PCA – Prescribed An offence by a person who drives a motor
Concentration of vehicle while the prescribed concentration of
Alcohol alcohol or more than the prescribed
concentration of alcohol is present in his or her
blood .
3
Sexual Assault Having sexual intercourse with another without
consent.
Soliciting Seeking to influence or inciting to unlawful
action.
Steal by Finding An offence of stealing by finding and keeping
items belonging to another.
Supply Prohibited Drug Illegally give, sell or act as an agent to supply an
illegal drug.
Trespass An offence of entering & remaining on enclosed
lands without consent of the owner.
Unlawful detention An unlawful act of detaining another.
Use False Instruments An offence of using a false document or an
instrument with the intention to commit crime.
4
COMMONLY USED LEGAL TERMS/PHRASES
Definition/Explanation Language Equivalent Notes
Acceptable person A person, without any prior criminal conviction,
who is considered by the court as suitable to
act as bail guarantor or surety.
Acknowledgement of An acknowledgement, usually in the form of an
Service Affidavit with signatures from relevant parties
certifying that a certain legal document, e.g. a
summons has been served on the required
party.
Act A bill that has become law after being passed
through required legislative steps.
Admissible evidence Legal testimonial, documentary or tangible
evidence – that may be presented in court.
Aggravating Circumstances or facts that increase the
circumstances seriousness and the severity of the situation.
Affidavit A written statement sworn or affirmed before a
notary public or a Justice of the Peace.
Affidavit of Service An affidavit acknowledging a legal document
has been served on the required party.
Agreed facts A set of specific information agreed by the
defence and the prosecution, regarding the
charges that are brought before the court.
Usually presented after a plea of guilty.
5
Alleged – The person suspected of committing a crime.
Alleged facts Allegations of criminal acts.
Alleged offender A person suspected of committing a criminal
act.
Alleged victim
A person claiming to be a victim of a crime.
Alibi An accused person’s defence or explanation
proving that he/she did not commit the alleged
offence – usually that he/she was elsewhere or
with somebody else.
Alternative charge A back‐up charge in addition to the main
charge/s against the accused. For example, a
murder charge accompanied by an alternative
charge of manslaughter. This allows the jury or
judge to find the accused guilty of the
alternative charge ‐ manslaughter, should the
main charge ‐ murder, cannot be proven
beyond reasonable doubt.
Antecedents /Criminal Records of previous criminal offences – usually
Records with details of conviction, penalties and
appeals.
Appear To be present and/or representing one of the
parties at court.
Appear as agent To be present as agent for a law firm
representing the defendant/accused.
Appear as amicus Amicus Curiae (Latin) ‐ literally means “friend of
(Amicus Curiae) the court” a person, not a party to the case,
who volunteers assistance and/or information
to the court regarding a case.
6
Apprehended Domestic A court order, usually applied for by the police
Violence Order ‐ADVO on behalf of a person in need of protection ‐
PINOP, restricting the alleged offender’s
behaviours where the alleged offender and the
protected person have a domestic relationship.
Apprehended Personal Similar to ADVO, however this is usually applied
Violence Order – APVO privately as the parties involved do not have a
domestic relationship. They are usually
neighbours, friends or colleagues.
Assessment order – An order by the court to relevant agency/ies to
Children’s Court provide an assessment regarding issues,
background and recommendations to the court.
This is usually for care matters in the Children’s
Court.
Bail conditions A set of restrictions imposed by the court upon
an accused person in order to grant him/her
temporary release while awaiting the court
outcome. These usually involve: reporting to
the police, surrendering their passports etc.
Balance of brief The outstanding statements, reports and/or
forensic results that form part of a complete
brief of evidence intended for prosecuting the
accused person.
Bar The table where the practicing lawyers and
prosecutors sit during court proceedings.
Barrister A lawyer who specialises in courtroom
litigations as a contrast to a solicitor who has
more direct contact with clients for
instructions. Barristers are usually instructed by
solicitors for cases in the District and Supreme
Courts. They have the privilege to wear a robe
and wig as a distinction from solicitors.
7
Bench The raised area in a courtroom where the
residing judge/magistrate sits.
Beyond reasonable There is no other reasonable explanation or
doubt inference other than that which is presented to
the jury as evidence.
Brief of evidence A complete set of statements, reports and
forensic results that form all the evidence
intended to be used against the accused
person.
Burden of proof The responsibility to prove all elements of the
alleged offence. In criminal cases this
responsibility falls upon the prosecution.
Call‐over list/Main list A list of cases that are to be called for mention.
CAN – Court Attendance A field notice issued by the police advising the
Notice person that his/her offence will be dealt with in
court.
Case conference A meeting between all parties to discuss the
time schedule relating to the court dates for a
trial.
Caution A verbal precautionary warning given by the
police or court to a suspect/accused person
stating his/her rights.
Chamber Judge’s and barrister’s office.
Chamber Magistrate A court’s legal professional who usually
provides explanation of the law to
unrepresented people who do not know what
to do in court. Although a Chamber Magistrate
can assist in application for APVO, he/she
cannot give legal advice.
Circuit Judge A judge who does not sit in just one court.
He/she usually travels between different
regional or country courts.
8
Common Law (Australia) Federal laws enacted by the Australian
Parliament and laws enacted by the states and
territories parliaments.
Common purpose The shared intention of two or more people
who agreed on a criminal venture.
Compensation Payments awarded for damages and costs.
Conditional Discharge The release of an offender on the condition that
he/she will be of good behaviour and not
commit another offence for a specified period.
Corroboration Evidence that supports and validates another.
Count A distinct charge in an indictment.
Court’s discretion The court’s own prudent decision/judgement.
Court monitor A clerk who monitors recordings of the court
procedures.
Court reporter A stenographer who records the official
proceeding either by shorthand or by machine
to produce court transcripts.
Court transcript A written record of all that were said and done
during the course of a hearing or trial.
Criminal intent A planned intention to commit a criminal
offence.
Cross application An application against one that has already
been applied for. This is usually in relation to
applications for AVO, costs and damages.
Cross examination Questions posed to a witness by the opposition
side relating what has already been presented
as evidence during evidence in chief. (Related
terms: Evidence in chief and re‐examination)
Curfew order A court order imposed placing time restrictions
on the movements of a defendant or accused
person.
9
Custody Management A record kept by the police station custody
Record manager, detailing conversations, cautions,
searches and confiscations.
De Facto Latin phrase literally means “as a matter of
fact”.
It is an existed fact that is not necessarily
sanctioned by law. E.g.: De facto husband and
wife who although are not legally married, live
in a domestic situation as husband and wife.
Disregard a comment To ignore a comment and not regard it as
evidence.
Dock An enclosed area in the courtroom where a
defendant or accused person who is in custody
sits during a hearing/trial.
Elements of the offence Integral parts which make up the definition of
an offence.
Electronically Recorded An official interview between a suspected
Interview with person and the police which is simultaneously
Suspected Person ‐ being recorded on both audio and visual
ERISP electronic devices. It is also called a Record of
Interview.
Examination in chief The questioning of your own witness in court to
produce evidence.
Execute a search Perform legal searches upon a premises or
warrant person in accordance with conditions specified
in a warrant signed by a magistrate or judge.
Exhibit An object or document that is tendered as
evidence in court. It is always given an
identification number after being tendered and
will be referred to by this number from then on.
Expert evidence Scientific, forensic, medical and professional
evidence provided by authorised and qualified
experts.
10
Expert witness Qualified and authorised specialised, scientific,
forensic or medical professional who is
requested to give expert evidence in court.
Facts sheet A summary of facts surrounding the offence.
False pretense Intentionally misrepresenting facts in order to
(Obtaining property by obtain property.
false pretense)
Final order The ultimate order made by the court after
hearing all evidence. This final order will
override an existing interim order. Usually
relating to AVO.
Finder of facts/Facts A phrase usually reserved to describe the jury in
finder a trial as its only responsibility is to examine the
facts within the evidence presented in court.
Forensic Science A broad spectrum of sciences which is used in
(Forensics) seeking explanations and answers relating to
evidence before a court.
Fresh charges Newly laid charges against the accused.
Fresh custody A term commonly used in court to refer to a
person who has recently been arrested and still
awaits to be taken to court
Habeas corpus Latin: “You have the body”. A writ which orders
the detained person to be brought to court in
order to justify his/her detention.
Habitual offender A person who repeatedly commits and is
convicted of the same offence such as drink
driving, speeding, stealing etc, over a short
period of time.
Hearsay evidence Evidence based on what has been reported to a
witness by others rather than what he has
himself observed or experienced.
11
Hostile witness A witness who is reluctant to tell the truth, for
fear of retribution or self incrimination. In such
a circumstance, the defence or prosecution can
seek leave to declare this person a hostile
witness.
‘I put to you that….’ A phrase commonly used during the cross‐
examination of a witness suggesting a
proposition to what has happened as opposed
to what the witness has stated. Mainly to pre‐
empt a line of defence or argument.
For example:
“I put to you that on the night of October 19
you did not see the defendant entering the
building across the road.”
“I further put to you that you did not see this
because the view of this building from your
window was obstructed by a large truck.”
Inadmissible evidence Any form of tainted, illegally obtained, hear‐say .
or irrelevant evidence that has been refused, by
the court to be admitted as evidence in court.
In‐Camera Latin: “in private”. When a hearing/trial is heard
In‐Camera, it is a closed court where the public
and press are not permitted to observe. This is
usually reserved for sensitive cases or cases
where there is an under aged witness or
defendant.
Indemnity An assurance of protection from being
prosecuted.
Interim order A temporary order granted for the duration of
an adjournment.
12
Joint custody An arrangement between estranged parents to
share the upbringing of their child/children.
This joint custody can be joint legal custody
and/or joint physical custody.
Judge’s ruling A judge’s authoritative decision on a debated
point of law.
Judgement A final court ruling that resolves disputes in a
lawsuit which determines the rights and
responsibilities of the involved party.
Jurisdiction The limitation of the authoritive power of the
court to hear certain cases in certain areas.
Knowingly take part (in Taking part in an activity knowing that it is
a criminal offence) illegal. Commonly used as part of a criminal
charge e.g.: ‘Knowingly take part in supplying a
prohibited drug’ or ‘Knowingly take part in the
cultivation of a prohibited drug’.
Leading question A question which is phrased in a way that can
suggest a sought after answer. Leading
questions are usually not allowed, however in
some circumstances both parties can agree to
allow leading questions for undisputed facts.
Magistrate The ruling authority with jurisdictions that is
limited to summary matters in local courts.
Mens rea Latin: “guilty mind”. The mental state of the
offender while committing the crime. This
criminal intent is one of the necessary elements
of a crime.
MFI‐ marked for When a piece of evidence is presented to the
identification court but, due to the lack of further
corroborating evidence or other factors, cannot
yet be tendered as an exhibit. It would
therefore be marked for identification.
13
Mitigating Facts or circumstances which, although cannot
circumstances be used as a defence, can be submitted in an
attempt to reduce the seriousness of the
situation.
Motive A reason of desire or need that causes a person
to do something. For example: money is the
motive for murder.
No Bill Application An application to discontinue a prosecution
either by the defence or by the prosecution
after reconsidering the facts.
Objection A motion in court, which can be made by either
side, to disallow a question or evidence.
Over‐rule An action by the court to disallow an objection
or argument.
Perpetrator As oppose to a suspect, a perpetrator is one
who actually committed an offence.
PINOP – person in need A person who is in need of protection against
of protection violence in an ADVO.
Plea bargain A negotiation process between the defence and
the prosecution before a criminal trial begins,
for the accused to plead guilty to a lesser
charge and for the prosecution to avoid the
cost of a full trial.
Post mortem An autopsy. An examination of a corpse to
examination determine the cause of death.
Precedent Also commonly referred to as ‘authority’, a
precedent is a legal case establishing a law,
principle or rule that a court and/or other
judicial body may apply when determining
subsequent similar cases.
Prejudice A preconceived adverse judgment or opinion
without knowledge or examination of the facts.
14
Premeditated crime A crime committed with deliberate
consideration and planning.
Presumption against A statutory presumption that bail should not be
bail (Section 10A – Bail granted unless the applicant can satisfy the
Act 1985) court with exception circumstances justifying
that bail should be granted.
Presumption in favour A statutory presumption that bail should be
of Bail (Section 10 – Bail granted unless the prosecution can satisfy the
Act 1985) court with good reasons for it to be refused.
Prima facie Latin: “on the face of it” or “at first sight”
A legal presumption which means that upon the
initial observation, there are sufficient evidence
that can be used to prosecute.
Privileged information Details or information that is legally protected
against disclosure.
Pro‐Bono Latin: “for the public good”. Voluntary and free
professional legal services undertaken as a
public service. The term pro‐bono is
traditionally common in the legal profession
and is now increasingly seen in marketing and
technology.
Public gallery A seating area at the back of the court for the
public.
Quash a conviction To set aside or annul a conviction that was
previously imposed.
QC – Queen’s Counsel A senior barrister who has practiced for at least
ten years and is appointed to be Her Majesty’s
Counsel. This is a membership that only exists
in various Commonwealth countries. QCs wear
silk robes as distinct from woollen robes worn
by normal barristers.
15
Reasonable prospect of A phrase often used by magistrates to justify
conviction by a committing an accused person to a trial in a
reasonable jury properly higher court. It means that with proper
instructed instructions from a judge there would be a
prospect of a jury reaching a guilty verdict.
Re‐examination A second chance for the defence or prosecution
to ask questions of their own witness relating to
evidence during cross‐examination.
Remand (In Custody) A court order to temporarily keep a person in
custody pending further court appearances.
Re‐offend To commit the same crime again.
Seek leave to appear A requested permission made to the court to
represent a person or the prosecution.
Seek leave to withdraw A requested permission made to the court to
remove oneself from a case.
Self incriminating Self‐implicated evidence given by a witness in a
evidence trial or other legal proceedings that could
subject him/her to criminal prosecution.
Solicitor A member of the legal profession, who gives
legal advice to clients, prepares cases and
represents them in lower courts.
Statement A witness’ written account of what he/she
heard and saw. A civilian usually gives a
statement to a police officer who assists by
asking relevant questions.
Statutory Declaration A written statement declaring the truth in the
presence of an authorised witness, usually a
Justice of the Peace (JP).
Subpoena A court order that requires a person to give
evidence in court or to produce certain
documents.
Summary Offence Minor offence that is dealt with in local courts.
16
Summons A document issued by a court which initiates
legal proceedings or requires a person to attend
court.
Surety A guarantor for a bail applicant to assure the
court that the bail applicant will answer his/her
bail conditions by agreeing to forfeit or deposit
an amount of money, in the event of a breach
of bail.
Suspect A known person who is suspected by the police
of committing a crime.
Sustain To uphold or support an objection in court.
Tender something as To formally offer a statement, legal documents
evidence and tangible evidence to the court, during a
hearing or trial, as proof of guilt or innocence.
The tendered evidence, if accepted by the
court, will be issued with an exhibit number.
Under duress When a person is compelled by threats or
coercion to commit criminal acts or to give a
confession or consent to something, he/she is
said to be “under duress”.
Vacate a trial date The cancellation of a preset trial date due to
various legal reasons.
Withdraw a Retract a question that has been objected to by
question/comment the opposition.
Without prejudice With no preconceived adverse judgement or
opinion.
Writ A summons or an order made by a court
requiring specific action/s from a person or
prohibiting them from doing certain things.
17
COURT DECISION/ JUDGMENTS/SENTENCING
Definition Language Equivalent Notes
Assurance A guarantee or pledge to the court.
Community Service A court order requiring a convicted offender to
Order (CSO) do unpaid community services for a number of
hours.
Concurrent Sentence A series of sentences that has to be served
simultaneously, usually for similar offences
which were committed at the same time.
Consecutive Sentence Sentences that are served one after another by
an offender
Counselling Personal and/or psychological help /advice given
by a professional.
Court Cost Cost paid by a convicted offender to the court
for administrative services
Custodial Sentence An imposed sentence of imprisonment.
Drug Court Drug Court is a judicially supervised court that
handles the cases of non‐violent substance
abusing offenders, who can join voluntary drug
rehabilitation and counselling programs in
exchange for a more lenient sentence.
Forum Sentencing A meeting where the victim/s, offender/s and a
mediating party discuss about the effects of the
committed crime.
Good Behaviour Bond A light sentence imposed by the court requiring
the offender to be of good behaviour i.e. not to
commit any offence for a set period, and may
include other conditions such as accepting the
supervision and guidance from the Probation
and Parole Services.
18
Home Detention A sentence of imprisonment which the convicted
offender can serve at home under strict
conditions.
Merit Program Magistrate Early Referral Into Treatment
Program. A local court based diversion program
that targets adult defendants with illicit drug use
problems who are motivated to undertake drug
treatment. Defendants assessed as suitable for
MERIT can undertake a voluntary supervised
drug treatment as part of their bail conditions.
Non‐parole period Actual period served in custody by a convicted
offender as part of a sentence of imprisonment.
Objective elements Elements that are based on facts rather than
thoughts or opinions.
Penalty Units Penalty units are used to define the amount
payable for fines for many offences. When the
dollar amount changes, only one amendment to
the Act which prescribes the amount is
necessary, rather than amendments across the
board.
Periodic Detention Periodic detention is an alternative to a full time
custodial sentence. It refers to a two‐day period
commencing at 7pm on the day of the week
specified (usually Friday) and ending at 4:30pm
on the second day (usually Sunday).
Pre‐sentence Report A report about the history of a convicted
offender before sentencing. It assists the court
to know and understand more about the
offender to decide what sentence would be
most appropriate. It is done by an officer of the
Probation and Parole Services after interviewing
the offender and gathering information from
relevant sources.
19
Recognizance A form of bail; a promise made by the accused to
the court that he/she will attend all required
judicial proceedings and will not engage in
further illegal activity or other prohibited
conduct.
A sum of money pledged to assure the court
appearance, which can be forfeited if there is a
breach of bail.
Released on his/her Own recognizance is a promise to appear before
own recognizance the court and answer a criminal charge without
putting up any money. Special conditions might
be involved such as remaining in the custody of
another and abiding by travel restrictions.
Sentenced to the rising A convicted offender is sentenced to stay in
of the court court until the end of the day when the court’s
adjourned.
Sentencing options A number of alternative sentences which the
court can consider in‐lieu of a custodial
sentence.
Subjective elements Elements that are based on feelings, beliefs and
personal experience.
Supervising Court A local court supervision of a convicted offender
who received a community based sentence such
as a Community Service Order (CSO).
Supervision Help and guidance for criminal offenders
provided by the Probation and Parole Services.
Suspended Sentence A delayed sentence after a criminal offender has
been found guilty in order to allow him/her to
perform a period of probation.
Traffic offenders Program to teach traffic offenders not to
program reoffend.
20
Victims Compensation A levy imposed by the court on convicted
levy offender for offenses that can result in a jail
sentence. This levy contributes towards
compensations for victims of crimes.
21
COURT PROCEDURES
Definition Language Equivalent Notes
Abort a trial Terminate a trial before it is completed.
Adjournment To suspend proceedings to another time or
place.
All grounds appeal To transfer or apply to transfer a case to a higher
court for rehearing to review all aspects of the
original judgement.
Arraignment To call an accused person before a court to
answer the charge made against him or her by
indictment, information, or complaint.
Acquittal Judgment, as by a jury or judge, that a defendant
is not guilty of a crime as charged.
Bail Application An application for an accused person to be
temporarily released from custody (usually on
condition that a sum of money guarantees that
person’s appearance at trial).
Bench Warrant A warrant issued by the residing magistrate or
judge for the arrest of a person who failed to
appear in court to answer his bail.
Care Application A Children’s Court procedure in which one party
applies to the court for the right to care for a
minor. This is usually in cases where the minor is
in need of protection from abuse and neglect.
Change of plea A defendant changing his/her answers to the
charge from “not guilty” to “guilty” or vice versa.
Closed Court The court proceeding is not open to the public –
usually reserved for sensitive cases or cases
involving minors. All Children’s Court cases are
heard in closed courts.
22
Committal Hearing A preliminary hearing held before a magistrate
when a defendant elects to go for trial in a
higher court or is charged with an offence which
must be dealt with in a higher court, to
determine whether the defendant has a case to
answer.
Conviction A court verdict that finds a defendant guilty of a
crime.
Dismissal The ruling by a judge that all or a portion (one or
more of the causes of action) of the plaintiff's
lawsuit is terminated (thrown out) at that point
without further evidence or testimony.
Ex‐parte Hearing A hearing made on the application of one party
to an action in the absence of the other.
Extradition The transfer of an accused from one state or
country to another state or country that seeks to
place the accused on trial.
Hearing A legal proceeding where an issue of law or fact
is tried and evidence is presented to help
determine the issue.
Indictment A written accusation charging that an individual
named therein has committed an act or omitted
to do something that is punishable by law.
Instructions An explanation of the law governing a case
which the judge gives orally to the jury after the
attorneys have presented all the evidence and
have made final arguments, but before the jury
begins deliberations.
Inquest An inquiry by a Coroner or medical examiner,
sometimes with the aid of a jury, into the cause
of a violent death or a death occurring under
suspicious circumstances.
23
Judge’s summing up A judge’s addressing to the jury at the end of the
trial summarising all evidence produced in court
and arguments from both sides, and instructing
the jury on points of law.
Mediation A settlement of a dispute or controversy by
setting up an independent person between two
contending parties in order to aid them in the
settlement of their disagreement. Mediations
are often provided by Community Justice
Centres to resolve personal AVO applications.
Mention The initial listing of a matter in court before it
goes to the hearing or sentencing stage, for the
purpose of entering a plea, applying for bail, etc.
Objection The formal registration of protest against the
admission of a piece of evidence at trial or a line
of questioning on the grounds of some legal
defect.
Opening Address An opening speech made by the Crown
Prosecutor and/or the defence counsel to the
Jury in a trial to give a brief outline of the case.
Paper Committal A committal hearing in which with the
agreement of the defence, prosecution and the
magistrate, the written statements of the
prosecution witnesses are simply presented to
the magistrate and no witnesses appear in court.
Parole Hearing A hearing to determine whether a prisoner can
be released early and then subject to continued
monitoring as well as compliance with certain
terms and conditions for a specified period.
Pre‐trial hearing A proceeding held before an official trial,
especially to clarify points of law and facts.
24
Severity Appeal To transfer or apply to transfer a case to a higher
court for rehearing to review only the sentence
of the original judgement.
Submissions The opinion, argument, etc. put forward by the
contending parties in a court case.
Trial Examination of evidence and applicable law by a
competent tribunal to determine the issues of
specified charges or claims.
Voir dire A preliminary examination of prospective jurors
or witnesses under oath to determine their
competence or suitability.
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COURTS/TRIBUNALS
Explanation Language Equivalent Notes
Children’s Court A court which deals with matters related to
the care and protection of children and
young people, and also criminal cases
concerning children and young people.
Consumer Claims Tribunal A tribunal which deals with disputes
between consumers and providers of goods
or services.
Coroner’s Court A court of law which conducts inquests into
deaths and inquires into fires and disasters.
District Court The “middle” court in the State’s legal
system, a trial court and can hear certain
appeals. It has both a criminal and a civil
jurisdiction.
Family Court A specialist Federal court dealing only with
family law matters.
High Court The High Court is the highest court in the
Australian judicial system. The functions of
the High Court are to interpret and apply
the law of Australia; to decide cases of
special federal significance including
challenges to the constitutional validity of
laws and to hear appeals, by special leave,
from Federal, State and Territory courts.
Local Court A lower court which hears less serious
matters (“summary offences”). A
Magistrate sits on a Local Court/Magistrates
Court without a jury.
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Parole Board A parole board is a panel of people who
decide whether an offender should be
released from prison on parole after serving
at least a minimum portion of their
sentence as prescribed by the sentencing
judge.
Supreme Court The Supreme Court of New South Wales is
the highest state court of New South Wales
(other than the Court of Appeal and Court
of Criminal Appeal). It has unlimited
jurisdiction within the state in civil matters,
and hears the most serious criminal
matters.
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WAYS OF FORMALLY ADDRESSING
AND REFERING TO PEOPLE IN COURT
Explanation Language Equivalent Notes
“my learned friend” A respectful way of referring to the
opposing counsel in court.
“the accused” Person charged with a criminal offence and
tried under the court of law such as District
Court/Supreme Court.
“the defendant” Person charged with a criminal offence and
tried under the court of law such as Local
Court.
“the respondent” Party responds to a claim filed in court
against them by a plaintiff.
“the plaintiff” Person who initiates brings or files a case
with a court.
“the applicant” Person who makes an application.
“the appellant” Person who makes an appeal after being
sentenced. It could be an ‘all grounds
appeal’ or a ‘severity appeal’.
“the Crown prosecutor” Person who prosecutes an offender under
the court of law.
“the learned Crown A respectful way of addressing or referring
prosecutor” to the Crown prosecutor by the defence
counsel or the judge.
“the learned counsel” A respectful way of referring to the defence
counsel by the prosecutor or the judge.
“Your Honour” A respectful way of directly addressing the
residing magistrate or judge.
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“Your learned A respectful way of referring to another
brother/sister, Judge…” judge in front of the residing judge.
Mr./Madam Crown A respectful way of addressing or referring
to the Crown prosecutor by the residing
judge.
29
JURY
Definition Language Equivalent Notes
Challenge ( a potential A formal objection to a potential juror called
juror) from the jury panel prior to this person being
sworn in as a juror.
Deliberation Discussion and consideration of evidence by the
jury prior to reaching and delivering a verdict.
Empanelling the Jury A process of selecting a jury by a balloting
system, from a panel of potential jurors.
Foreperson The spokesperson of a jury.
Hung jury A jury that, after an extended period of
deliberation, cannot reach a unanimous or
majority verdict.
Jury panel A group of potential jurors, consisting of citizens
called by the Office of the Sheriff to serve jury
duty.
Majority verdict A verdict of a jury that is reached by a majority
(eg: 11 out of 12 jurors agree on the verdict).
Unanimous verdict A verdict of a jury that is reached unanimously
(all members of the jury agree on the verdict).
Verdict A finding or decision of a jury on the guilt or
innocence of the accused (in criminal trial).
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OATHS and AFFIRMATIONS
Language Equivalent Notes
Interpreter’s Oath “Do you swear by Almighty God that you will
well and truly interpret the evidence that will be
given, and do all other matters and things that
are required of you in this case to the best of
your ability.
If so, please say the words ‘I do’.”
Interpreter’s “Do you solemnly and sincerely declare and
affirmation affirm that you will well and truly interpret the
evidence that will be given and do all other
matters and things that are required of you in
this case to the best of your ability.
If so, please say the words ‘I do’.”
Interpreter’s Oath on “Do you swear with the sacred Koran in your
the Koran hand that you will well and truly interpret the
evidence that will be given, and do all other
matters and things that are required of you in
this case to the best of your ability.
If so, please say the words ‘I do’.”
31
Witness’s Oath “Do you swear by Almighty God that the
evidence you shall give will be the truth, the
whole truth and nothing but the truth.
If so, please say the words ‘I do’.”
Witness’s Affirmation “Do you solemnly and sincerely declare and
affirm that the evidence you shall give will be
the truth, the whole truth and nothing but the
truth”.
If so, please say the words ‘I do’.”
Witness’s Oath on the “Do you swear with the sacred Koran in your
Koran hand that the evidence you shall give will be the
truth, the whole truth and nothing but the truth.
If so, please say the words ‘I do’.”
Affirmation A non‐ religious solemn declaration of the truth.
Oath A religious declaration or promise of the truth.
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RELATED GOVERNMENT SERVICES/AGENCIES
Description Language Equivalent Notes
ACA – Australian Crimes An Australian Government national
Commission criminal intelligence and investigation
agency to combat serious and organised
crime such as corruption, terrorism, drug
trade, the narcotics industry and money
laundering.
AG – Attorney General The chief law officer of the Crown and a
member of the Cabinet. The Attorney‐
General is the minister responsible for
legal affairs, national and public security
and the Australian Security Intelligence
Organisation.
Chamber Magistrate An officer working at a local court to
provide the public with legal information
and explain options available to them
Community Justice Centre A centre funded by the NSW Government
as part of the Department of Justice &
Attorney General, to provide free
mediation and conflict management
services to help people resolve disputes.
Corrective Services A department which provides custodial
and community‐based correctional
services aimed to reduce re‐offending
and enhance community safety.
33
DOCS ‐ Department of A department whose main role is to
Community Services promote the safety and wellbeing of
children and young people and to build
stronger families and communities. It
provides child protection services,
parenting support and early intervention,
foster care, adoption services and help
for communities affected by disaster.
DPP – Director of Public A state department whose responsibility
Prosecutions is to institute and conduct prosecutions
for indictable offences.
The principal functions and
responsibilities of the NSW Director of
Public Prosecutions are to institute and
conduct prosecutions for indictable
offences in the Supreme Court and the
District Court, appeals in any court in
respect of any such prosecution, and to
conduct on behalf of the Crown as
respondent any appeal in any court in
respect of any such prosecution.
Justice of the Peace A justice of the peace in Australia is
typically someone of good stature in the
community who is authorised to witness
and sign statutory declarations and
affidavits and to certify copies of original
documents.
Legal Aid Commission A department which provides legal
advice, assistance and representation to
disadvantage people.
34
Legal Centre A non profit community legal
organisation which provides legal
services to the public, eg: community
legal centre, women legal centre, etc…
Domestic Violence Advocacy A specialised legal service for women
Service experiencing domestic violence by
informing them of their legal rights and
their right to access services available.
Probation and Parole Services A branch of Corrective Services which
works with offenders who are supervised
in the community as well as offenders
who are serving a custodial sentence
Mental Health Services Services and supports provided by the
Department of Health for people with
mental illnesses. Courts often require
assessments from these services
regarding mentally ill
defendants/accused persons.
Victims Support Services Victims Services is part of the
Department of Justice and Attorney
General that provides support and
information for victims of crimes.
Women’s Support Group Community organisations providing
information and support for women,
specializing in court support for victims
of crimes and AVOs.
35
REFERENCES
Family Guide to Australian Law, 1978, Reader’s Digest Services Pty Limited
The Law Handbook,9th Ed, 2004, Redfern Legal Centre Publishing Ltd
en.wikipedia.org
wordnetweb.princeton.edu
www.answers.com
www.armstronglegal.com.au
www.cdpp.gov.au
www.courts.act.gov.au
www.dictionary.reference.com
www.duhaime.org/LegalDictionarylegal‐dictionary.
www.judcom.nsw.gov.au
www.legal‐explanations.com
www.odpp.nsw.gov.au
www.policensw.com
www.primelaw.com.au
www.rpemery.com.au/glossary_of_legal_terms
www.supremecourt.wa.gov.au/publications
www.thefreedictionary.com
www.woj.com.au
www.wordnetweb.princeton.edu
www.yourdictionary.com
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