The information on this page is for the criminal justice system in Victoria, Australia. If you are from another state, please search for your state's victims service. Show
A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | ZAabscondIf an offender has absconded, it may mean that the authorities cannot locate them or that they have not contacted their supervising officer as required. accusedA person who has been charged with a crime. May also be called the accused person or the defendant. acquitTo find someone 'not guilty' on a charge in a criminal case. adjournTo move a court hearing to another time or day. adjournment without convictionThe outcome of a criminal case where the court does not record a conviction, as long as the person sentenced does not offend again within the period stated by the court. This court order is also known as a ‘good behaviour bond’, ‘deferred sentence’ or ‘suspended sentence’. affirmationSee oath/affirmation. affidavitA document that presents written evidence in a court case, setting out what a witness says is true. It must be sworn to be true and correct in front of an authorised official, on oath or by affirmation. aggravating factorsCircumstances that make an offence much more serious. For example, if a gun is used in a robbery, that is an aggravating factor. aggravated burglaryBurglary occurs when a person enters a building or part of a building without permission in order to steal something or damage property. In some circumstances, such as if the person is carrying a weapon during the burglary or enters the building when they know someone is inside, the crime is considered more serious and will be called an aggravated burglary. You can learn more about aggravated burglary and what you can do if you are a victim. alleged/allegationSomething that is claimed but not proved. For example, the police can allege in court that a car was stolen, but they then have to prove it with evidence. If you say a person did something illegal you are making an allegation. appealThe review of the decision of a lower court by a higher court. If an appeal is successful, the higher court can change the lower court’s decision or require the lower court to rehear the matter. You can learn more about appeals. appellantA person who appeals against a court or tribunal decision. For example, if an offender appeals against their sentence, they may be called the appellant in court. arrestTo seize a person suspected of breaking the law and hold them under police control. Police have powers to arrest people they suspect are criminal offenders. awardA court decision that a party receive compensation, such as an ‘award’ of damages to compensate them for physical injuries. You can learn more about getting compensation from an offender. Return to top BbailAn agreement by a person charged with a criminal offence to appear at court when required and to abide by any special conditions (rules) about what they can or cannot do while on bail. This can include a condition that they not approach or contact the victim. You can learn more about bail. barristerA lawyer who specialises in giving advice in difficult cases and representing clients in court. beyond reasonable doubtThe level of proof required in criminal trials. If there is any reasonable doubt about the case made by the prosecution, it has not been proved and the accused person will be found not guilty. burden of proofIn criminal matters, the prosecution must prove that the accused is guilty 'beyond reasonable doubt'. This standard is called the 'burden of proof'. burglaryBurglary occurs when a person enters a building or part of a building without permission in order to steal something or damage property. You can learn more about burglary and what you can do if you are a victim. Return to top CcautionThe police may issue an offender with an official caution if they are under 18 years old. A caution is a formal warning about the offending behaviour. This is usually used for a first offence and must be appropriate in the circumstances. This means the matter will not go to court. chargeA statement giving the details of a crime an accused person is claimed to have committed. It is sometimes said that police ‘charge’ an accused person, ‘bring charges’ or ‘lay charges’. You can learn more about how police lay charges. civil courtA court hearing non-criminal cases. A civil action is where a person or organisation sues another for compensation or for some other court order. This is different from a criminal case, where the police bring criminal charges and the court may give the defendant a penalty, such as time in prison, if they are found guilty. closed courtSome court cases (or parts of them) are closed to the public because the court thinks it necessary to protect a person’s identity or certain information. If the court is closed only people that need to be in the court will be able to attend. You can learn more about going to court. contempt of courtDisobeying a court order or doing something that shows disrespect for the authority of the court or a judge. convictionA person is convicted of a crime in court when: counselA lawyer who appears in court and speaks on behalf of their client, often a barrister. courtThe word ‘court’ can be used for:
In Victoria, there are three levels of criminal court – the Magistrates’ Court (External link) (including the Children’s Court (External link)), the County Court (External link) and the Supreme Court (External link). You can find out more about courts in Victoria work. court listA list that shows the cases to be dealt with that day. You can learn more about getting information about court cases. court networkerA volunteer who helps people who go to court. Court networkers help witnesses, victims of crime and their families or friends. You can find out more about going to court. court orderA document from the court that says that someone must do or not do something. If a person does not follow a court order they may be found in contempt of court and be charged with a criminal offence for breaching the order. An example of a court order is a Family Violence Intervention Order. crimeAn action by a person that is against the law. It may also be called an ‘offence’ or a ‘criminal offence’. You can learn more about different types of crime on this website. CrownThe word ‘Crown’ can be used in the criminal justice system for the:
cross-examinationAn opposing party’s questioning of a witness in a court case. If you are a witness for the prosecution, the defence lawyer may ask you questions in the cross-examination. culpable drivingThe crime of culpable driving causing death may occur when a person driving a vehicle causes another person’s death because they were:
This website has information about culpable driving. cumulative sentencesSentences that are served one after another, not at the same time. This is different to concurrent sentences. custodial sentenceA sentence which means the offender must serve time in prison. It may also be called a prison sentence. You can learn more about what happens when an offender is in prison. custodyWhen a person is put under lawful control, such as when a person is arrested by the police and taken to a police station or is serving a sentence in a prison. cybercrimeCybercrime can include:
You can learn more about protecting yourself online. Return to top DdefenceThe word defence can be used in the criminal justice system to mean a:
defence lawyer/barristerThe person whose job it is to represent the accused or defendant in court. This person speaks to the magistrate or judge for the defendant and asks witnesses questions. defendantA person who has been charged with a criminal offence. They may also be called the accused or the accused person. diversionIn Victoria, low level criminal offences may be dealt with by a diversion program, particularly when the person has not committed a criminal offence before. This means that the person may avoid a criminal record, but they will need to follow the conditions set by the diversion program. You can learn more about diversion. duty lawyerA lawyer who helps people who do not have their own lawyer on the day of their court hearing. They can give free legal advice and may be able to represent people in court. Return to top Eelder abuseAny act which results in harm to an older person. It can include many different types of abuse or neglect. You can learn more about elder abuse and family violence. evidenceMaterial presented to a court to prove or disprove a fact. It can include what witnesses say as well as documents and other objects. You can learn more about giving evidence. Return to top Ffamily violenceA pattern of behaviour where one person tries to control or scare another person. It is a form of abuse that can happen in many different personal and family relationships. On this website, you can learn more about: family violence intervention order (FVIO)A court order made to protect a family member from violence, intimidation or harassment. In Victoria, people who are experiencing family violence or the police can apply to the Magistrates’ Court for a family violence intervention order (External link). fraudWhen someone uses dishonest behaviour in order to gain an advantage from another person or organisation. The advantage is often money but it may also include goods, services and property. You can learn more about fraud and what you can do if you are a victim. Return to top GgraffitiMarking or defacing objects. It can include painting, drawing and scratching and can be a crime if it is done without the owner’s permission. You can learn more about what you can do if your property is damaged by graffiti. guilty or not guiltyIn a criminal court case, the court needs to decide whether an accused person is:
This is called the verdict. At the beginning of a court case, the accused person will be asked whether they want to plead guilty (admit they did the crime) or not guilty. You can learn more about how courts make decisions. Return to top HhearingThe time and place at which a court hears a case and/or makes a decision. A criminal case may have just one hearing or many hearings. You can learn more about the following types of hearings on this website: homicideOccurs when a person is killed unlawfully. It covers situations where it can be proved that an offender intended to kill the person (murder) or where that cannot be proved (manslaughter). This website has information for people who have lost a family member or loved one to homicide. Return to top Iidentity theftTheft of your personal identity information, including social media accounts, photographs and financial details (such as bank accounts). This can be valuable to criminals who can use this information to commit frauds on you or other people. You can learn more about identify theft and fraud and what you can do if you are a victim. image-based abuseWhen intimate, nude or sexual images are shared without the consent of people in the images. You can learn more about image-based abuse and what to do if you are a victim on the eSafety Commissioner’s website (External link). inadmissibleSomething that is not allowed as evidence in a court hearing. For example, the fact that someone has been convicted of theft in the past is inadmissible to show that they stole something this time. You can learn more about giving evidence in court. indictable offencesMore serious crimes such as aggravated burglary, indecent assault, murder and manslaughter. These are usually tried in the County Court or the Supreme Court. You can learn more about criminal offences and how different courts work in Victoria. indecent assaultA form of sexual assault. You can learn more about sexual assault and what you can do if you are a victim. indictmentA document that lists the charges against an accused person and is filed with the court to begin a criminal case. informantSee police informant. injury (from a crime)Harm experienced because of a crime. It can include injury to the body, as well as other forms of harm such as grief, distress and mental harm. On this website you can learn about: inquestA public hearing by the Coroners Court into a death or fire. It is not a criminal trial. You can learn more about inquests on the Coroners Court website (External link). intervention orderA court order that prohibits a person from harming or harassing someone. Types of intervention orders are Personal Safety Intervention Orders and Family Violence Intervention Orders. You can learn more about how you can apply for an intervention order. Return to top JjudgeThe person who is in charge of the court and has the power to : Judges usually hear cases in the County and Supreme Courts, while magistrates are usually in charge of cases in the Magistrates’ Court. jurisdictionThe authority of a court or tribunal to hear matters brought before it. For example, courts in Victoria generally have jurisdiction over things that happened in Victoria. They do not have authority to hear cases where a crime may have happened in another state or country. juryA group of people from the community brought together to make a verdict (a finding of fact) on a legal question or court case (e.g. to decide if a person accused of a crime is guilty or not guilty). Return to top LlawThe set of rules developed by the government and the courts to deal with, among other things, crimes. In Victoria, laws or pieces of legislation are called Acts. For example, a law in Victoria that covers how victims of crime should be treated is called the Victims' Charter Act 2006. You can read Victoria’s laws on the Victorian Legislation and Parliamentary Documents website (External link). lawyerA person who is trained in the law. A lawyer advises people about the law. See barrister and solicitor. Return to top MmagistrateThe person who is in charge of the court when a case is heard in the Magistrates’ Court. The magistrate has the power to: mandatory reportingA law that says people must tell a government agency if they know an offence is or has been committed. For example, doctors and teachers must report child abuse. You can learn more about mandatory reporting of child abuse on the Department of Health and Human Services website (External link). manslaughterA crime in which:
This website has information about the crime of manslaughter. murderA crime in which:
This website has information about the crime of murder. Return to top Nnon-custodial sentenceA criminal sentence where the offender does not go to prison. For example, the offender may be placed on a community-based order. non-parole periodThe minimum amount of time that an offender must spend in prison before they are eligible to apply to be released into the community on parole. You can learn about how parole works. Return to top Ooath/affirmationWhen a witness promises to tell the truth in court. You can choose to take the oath on a religious book such as the Bible or Koran, or you can choose to make an affirmation, which is a non-religious promise. offence/criminal offenceA criminal act or act that breaks the law. The police may charge an accused person with a criminal offence. You can learn more about different crimes on this website. offenderA person who has committed a crime. If an offender is sentenced to serve a period of time in a prison, they may be called ‘the prisoner’. You can learn more about how the Victorian Victims Register can provide information about offenders to victims of violent crime. open courtMost court cases are heard in 'open court' which means the public can attend the hearing. This is the opposite to a ‘closed court’. Return to top PparoleAn offender serving a sentence in prison may apply for parole, which is a supervised release into the community. You can learn about how parole works. perjuryThe criminal offence of lying when questioned in court or when making a sworn statement. You can learn more about making a statement to police and giving evidence in court. perpetratorA person who commits a crime, also called an offender. physical assaultOccurs when a person uses physical violence and causes injury to another person’s body. You can learn more about physical assault and what you can do if you are a victim. pleaDuring a criminal case, the accused person will usually be asked to tell the court if they are guilty or not guilty. This is called a ‘making a plea’. (also called the police investigator) The Victoria Police officer who lays the criminal charges against the accused person and coordinates the investigation. The police informant is the main point of contact between a victim and the police. You can learn more getting information about a police investigation. privileged informationInformation that is not allowed to be revealed or spoken about in court. property damageCommon forms of property damage can include damage to your home, car and personal possessions. It can include vandalism and graffiti, which is marking or defacing objects. You can learn more about what to do if your property is damaged. prisonerAn offender may be called this if they are sentenced to prison. You can learn more about what happens while an offender is in prison. prosecutor/prosecutionA person who initiates and carries out a legal action. In criminal court cases, the prosecutor works for the community and it is their job to prove to the court that the accused person is guilty. In Victoria, a prosecutor can be a:
Victims of crime may have contact with the prosecutor before and during the court case. You can learn more about getting information about a court case and what happens in court. Return to top RrecognisanceAn undertaking by a person to a court that they will do something. For example, an accused person can undertake to a court that they will appear at a later date for their hearing. A recognisance often includes a payment to the court – known as a security – to back up their commitment to do something. registrarThe officer in charge of the administrative section of a court, which is known as the ‘registry’. registryThe administrative section of a court that accepts documents that are filed with the court and also handles some public enquiries. You can find the contact details for courts in Victoria. remand in custodyAn order that a person charged but not yet convicted of an offence be detained until they go to court for a hearing. You can learn more about remand. remote witness roomSome vulnerable witnesses are permitted to give evidence in court cases from a remote witness room via closed circuit television (CCTV) instead of in the courtroom. restraining orderA court order that can be taken out by the Director of Public Prosecutions over the offender's property. A restraining order stops the offender from getting rid of the property. This means it may be available for any future compensation order that might be made by a court. Restraining orders are different from intervention orders. robberyOccurs when a person uses violence or the threat of violence to take another person’s property. You can learn more about robbery and what you can do if you are a victim. Return to top SscamWhen someone uses dishonest behaviour in order to gain an advantage from another person or organisation. It is another word for fraud. You can learn more about scams and what you can do if you are a victim. securityMoney or property promised to be handed over as a guarantee that an accused person (defendant) will meet their bail conditions. You can learn more about bail. sentencing courtThe court that decides on the penalty to be given to an offender who has been convicted of a crime. You can learn more about how courts make decisions. sentencing orderA court order that imposes a penalty, such as imprisonment, in a criminal case. You can learn more about sentencing orders in Victoria on the Sentencing Advisory Council website (External link). sexual assaultAny behaviour of a sexual nature that makes someone feel uncomfortable, frightened, intimidated or threatened. It is sexual behaviour that someone has not agreed to, where another person uses physical or emotional force against them. It does not always include physical harm. You can learn more about sexual assault and what you can do if you are a victim. special hearingChildren can give their evidence at a special hearing in the County Court. Evidence is video recorded and played to the jury at the trial later. You can learn more about the Child Witness Service which assists children and young people to give evidence. solicitorA lawyer who prepares a case to go to court. stalkingAny repeated behaviour by a person that makes you:
You can learn more about stalking and what to do if you are a target of this kind of behaviour. statementA written document made and signed by a witness, telling police what they know about a crime. You can learn more about making a statement to police. summary offencesCommon, less serious crimes. You can learn more about how summary offences are dealt with in Victoria. summons/subpoenaA written legal order that says a witness must give evidence in court or an accused person must appear in court. If you receive a summons or subpoena, you must go to court. You can learn more about summons and subpoenas and getting information about a criminal court case. support personIn some circumstances, victims of crime can have a support person with them when they talk to the police or go to court. You can learn more about how to report a crime or getting support to go to court. suretyA person who promises a court that an accused person released on bail will attend court on a hearing date. If the accused person does not attend court, the surety must pay the court the amount of money stated in the bail documents. suspended sentenceA custodial sentence (time spent in prison) that is only served if the offender commits a further offence. If the sentence is wholly suspended, no time in prison will be served, but if it is only partly suspended the offender will serve some time in prison. Return to top TtheftOccurs when someone takes your property without your permission and with the intention of not giving it back. This can also be called stealing. You can learn more about theft and what you can do if you are a victim. trialA court hearing in the County Court or the Supreme Court that is held to find out whether a person accused of serious crimes is guilty or not guilty. You can learn more about what happens in a trial. Return to top VVideo Audio Recording of Evidence (VARE)A victim's statement on video. verdictThe decision by the jury about whether they find the person accused of a crime guilty or not guilty. victimA victim of a crime is someone who experiences injury, harm or financial/property loss because of the crime. On this website you can learn more about: Victim Impact StatementA statement you can make to tell the court how the crime has affected you. The court takes this into account when deciding the sentence for the offender. Victims RegisterIf you are a victim of a violent crime in Victoria, you can apply to go on to the Victims Register. This service contacts eligible victims to update them about an offender’s sentence. Return to top Wwitness (to an event)A witness to an event is someone who sees or hears or has something happen to them. witness (in court)In court, a witness is a person who appears to give evidence about something that is relevant to the case the court is hearing. witness boxThe place where people stand or sit when they are giving evidence in a court. Return to top |