| Abort a
trial | Terminate a
trial before it is completed |
| Acquittal | A
finding that a defendant is not guilty of a crime as charged |
| Act | A
bill that has become law after passing through required legislative steps |
| Adjournment | When
the hearing of a matter is delayed, postpone or held over until a later date |
| Admissible
evidence | Legal
testimonial, documentary or tangible evidence that may be presented in court |
| Admit (into
evidence) | If
the information a party wants to rely on in proving their case complies with
the legal rules about evidence, when the party tenders that information
during a trial the court will accept that information as part of the evidence
in the case, to be considered by the court in making its decision In other
words, the information will be “admitted into evidence” |
| Adversarial
(system) | A
litigation process where opposing parties each present their own side of the
dispute to the judge, whose role is to decide the dispute |
| Affidavit | A
written statement, sworn on oath or affirmed before an authorised person (eg
Justice of the Peace), for the purpose of presenting evidence to the court |
| Affidavit of
service | An
affidavit setting out how a legal document has been served on (given to) a
party |
| Affirmation | A
declaration made instead of an oath |
| Aggrieved | The
person in need of protection and for whose benefit a domestic violence order
is made |
| 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 |
| Alibi | An
accused person’s defence or explanation that they did not commit the alleged
offence, because they were elsewhere or with somebody else |
| Allegation | An
unproved statement by a person making a claim that another has performed a
wrongful act or omission which has caused the claimant to suffer loss or
damage |
| Alleged
(unproven) | As
put forward by the prosecution in relation to an offence - the court will
determine if it is true or not |
| Alleged
facts | The
circumstances of the offence proposed by the prosecution |
| Alleged
offender | A
person suspected of committing a criminal act |
| Alleged
victim | A
person claiming to be a victim of a crime |
| Alternative
charge | A
back‐up charge in addition to the main charge against the accused - for
example, a murder charge accompanied by an alternative charge of manslaughter
- then, even if the evidence is not sufficient to prove the murder charge, it
may be used to prove the manslaughter charge |
| Amicus
curiae | A
solicitor, not a party to a case, who volunteers to offer information to
assist a court in deciding a matter before it |
| Antecedents/Criminal
history | Records
of previous criminal offences, usually with details of conviction, penalties
and appeals |
| Appear | To
be present in court |
| Appear as
agent | To
be present in court, but in the place of the law firm representing one of the
parties |
| Appear
for… | To
be present in court representing one of the parties in the proceeding |
| Applicant | A
person filing an interlocutory or originating application |
| Applications
List Manager | A
registry officer who manages the listing of interlocutory and originating
applications in the Applications List |
| Arraignment | To
call an accused person before a court to answer the charge made against
him/her by indictment |
| Associate | An
assistant to the judge, who ensures the effective and efficient conduct of
court hearings |
| Associated
domestic violence | Acts
of domestic violence by a respondent towards:
a child of the aggrieved; a
child who usually resides with the aggrieved; a relative of the aggrieved; or
an associate of the aggrieved |
| Assurance | A
guarantee or pledge to the court |
| Authorised
person | An
adult authorised by the aggrieved to appear on behalf of the aggrieved. The
authorisation should be in writing. The authorisation may not be in writing
where the aggrieved cannot provide authorisation and the court believes the
person is authorised (for example, if the aggrieved has a physical disability
that prevents this). |
| Bail
application | An
application for an accused person to be allowed to remain in the community
until trial or not to be detained during the court proceeding |
| 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 may
involve regular reporting to the police, surrendering of passports, not contacting witnesses etc |
| Bailiff | A
uniformed officer who assists the judge and the associate and keeps the
courtroom in order |
| Balance of
probabilities | The
standard of proof required by the judicial officer, who must be satisfied
that it is ‘more probable than not’ that the acts of domestic violence
occurred |
| Bar table | The
table where the lawyers sit during court proceedings |
| Barrister | A
lawyer who specialises in courtroom litigation, which is different to a
solicitor who has direct contact with clients for instructions. Barristers
are usually instructed by solicitors for cases in the District and Supreme
Courts. They usually wear a robe and wig in court as a distinction from
solicitors. |
| Bench | The
raised area in a courtroom where the presiding judge or magistrate sits |
| Bench
warrant | A
warrant issued by the presiding magistrate or judge for the arrest of a
person |
| Beyond
reasonable doubt | There
is no other reasonable explanation or inference. This is the level to which
the prosecution must prove that the accused person committed the offence in a
criminal proceeding. |
| Breach (DVO) | This
is where the respondent knowingly breaks any of the conditions of the
protection order that the magistrate has granted. The aggrieved should report
any breaches to the Police. |
| Brief of
evidence/Police brief (QP9) | 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 |
| Callover | Where
there are several proceedings requiring the allocation of hearing
dates/times, the court conducts a callover (a relatively brief process
conducted in a courtroom) to obtain some information from the parties about
each proceeding, so that dates/times can be allocated appropriately |
| Call‐over
list | A
list of cases that are to be called for mention |
| Case
conference | A
meeting between the parties to discuss the issues in dispute in order to
resolve the matter more quickly |
| Cause of
action | A
set of facts which gives a person a right to a remedy enforceable by a claim
in a court of law |
| Caution | A
verbal precautionary warning given by the police or court to a suspect or
accused person stating their rights |
| Challenge (a
potential juror) | A
formal objection to a potential juror called from the jury panel prior to
this person being sworn in as a juror |
| Chambers | The
term used for judges and barrister’s offices |
| Change of
plea | A
defendant changing their answers to the charge from “not guilty” to “guilty”
or vice versa |
| Child of an
aggrieved/respondent | A
child, whether biological, adopted or a stepchild, of the aggrieved or
respondent, or in the care or custody of the aggrieved or respondent |
| Child who
usually lives with the aggrieved | A
child who spends time at the residence of the aggrieved on a regular or
on-going basis |
| Childrens
Court | A
court that deals with matters related to the care and protection of children
and young people, and also criminal cases concerning children and young
people |
| Circuit
Judge | A
judge who does not sit in just one court - they usually travel between
different regional or country courts |
| Civil claim | A
claim for compensation, or some other relief, by one or more persons against
another person or persons for loss or damage caused by the other’s wrongful
act or omission |
| Civil
jurisdiction | The
power to make legal decisions and judgments about civil disputes |
| Civil List | A
record of events taking place in proceedings in the civil jurisdiction of the
court (interlocutory applications, reviews, or trials) which have been
allocated a date or dates for hearing (NB: Interlocutory applications are
only recorded in the civil list where it has been estimated that the hearing
will take more than two hours) |
| Civil List
Manager | A
registry officer who manages the listing of all hearings in the civil trial
division of the court |
| Claim | A
document that is filed to commence a proceeding, asking the court to resolve
a civil dispute |
| Closed
Court | The
court proceeding is not open to the public – usually reserved for sensitive
cases or cases involving children. For example - members of the public will
not be allowed at the hearing for a domestic violence protection order
application. The aggrieved is allowed to have someone present throughout the
proceedings to provide support and other assistance. |
| Coerce | Compel
or force a person to do, or refrain from doing something |
| Committal
hearing | A
preliminary hearing of an indictable offence held before a magistrate to
determine whether there is enough evidence for the charges to be heard by the
District or Supreme Court |
| Common Law
(Australia) | Australia’s
legal system has two sources of law: 1. legislation which are Acts passed by
Parliaments 2. the law that develops from decisions made by judges, referred
to as common law |
| Community
service order (CSO) | A
court order requiring a convicted offender to do unpaid community services
for a defined number of hours |
| Compensation | Payments
awarded for damages and costs |
| Concurrent
sentences | A
series of sentences that are to be served simultaneously, as opposed to
cumulative sentences |
| 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 |
| Conditions of
an order | Conditions
imposed by the court when making an order that restrict or prohibit conduct
of the person against whom the order is made |
| Consent | Means
permission freely and voluntarily given by a person with capacity to give the
permission |
| Consent
order | A
protection order that is made by the judicial officer when the aggrieved and
the respondent agree to its conditions. There is no obligation on either
party to consent. Consent must be freely and voluntarily given by a person
with capacity to give the consent. |
| Contempt of
court | A
serious offence, punishable by fine or imprisonment, committed by a person
who acts in a way that is disobedient or discourteous to the court |
| Contested
application (DFV) | Where
the respondent disputes an application for a protection order |
| Contravention
of an order | A
breach of an order |
| Conviction | A
court verdict that a defendant is guilty of a crime |
| Coroners
Court | A
court that conducts inquests into deaths |
| Corroboration | Evidence
that supports and validates other evidence presented in a matter |
| Counselling | Personal
and/or psychological help given by a professional |
| Count | A
distinct charge on an indictment |
| Couple
relationship | Exists
between two persons if the persons have or had a relationship as a couple |
| Court
cost | Cost
ordered to be paid by a convicted offender to the court for administrative
fees |
| Court
transcript | A
written record of all that was said and done during the course of a hearing
or trial |
| Court’s
discretion | The
court’s own prudent (wise) decision/judgment |
| Criminal
intent | A
planned intention to commit a criminal offence |
| Cross-application
(DFV) | This
is where both parties make applications for protection orders against each
other |
| Cross-examination | This
can be when a person who gives evidence in court is questioned by the other
party/opposing side |
| Crown
prosecutor | The
person who prosecutes a criminal proceeding on behalf of the community |
| Cumulative
sentence | Sentences
that are served one after another by an offender, as opposed to concurrent
sentences |
| Curfew | A
condition imposed by the court placing time restrictions on the movements of
a defendant or accused person |
| Curia advisari
vult | Means
“the court wishes to consider” and indicates that the court is taking time to
consider the evidence before making a judgment (often recorded in writing as
CAV) |
| Custodial
sentence | A
sentence of imprisonment in a correctional centre (prison/jail) |
| Damages | Monetary
compensation designed to put a plaintiff, as far as possible, in the position
in which they would have been, had the defendant’s wrongful act not occurred |
| De facto | Latin:
"as a matter of fact". It is a 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. |
| Default
judgment | Judgment
by the court in favour of the plaintiff against the defendant without a trial
because the defendant failed to file a defence to the claim within the
required time frame |
| Defendant | A
person responding to/defending a claim or criminal charge |
| Deliberation | Discussion
and consideration of evidence by the jury prior to reaching and delivering a
verdict |
| Deponent | A
person making an affidavit |
| Direction | Order
made by the court which is designed to progress the proceeding to resolution
quickly and efficiently |
| Disbursement | Money
spent by a party during a claim, which expenditure was necessary to progress
the matter |
| Dismissal | The
ruling by a court that the proceeding is finalised because it is not
successful |
| Disregard a
comment | To
ignore a comment and not regard it as evidence |
| District
Court | The
middle court in the State’s legal system - a trial court and can hear certain
appeals and has both a criminal and a civil jurisdiction |
| Dock | An
enclosed area in the courtroom where a defendant or accused person who is in
custody sits during a hearing/trial |
| Domestic
Violence | Behaviour
by a person (the first person)
towards another person (thesecond person) with whom the first person is in a relevant relationship that
is: physically or sexually abusive;
emotionally or psychologically abusive; economically abusive; or is threatening; coercive; or in any other way controls or
dominates the second person to fear for the second person's safety or
wellbeing or that of someone else |
| Domestic
Violence Order (DVO) | A
temporary protection order or protection order - these orders may include a
number of conditions |
| Drug
Court | A
court that handles cases of non‐violent substance abusing offenders who can
join voluntary drug rehabilitation and counselling programs in exchange for a
more lenient sentence |
| Economic
abuse | Behaviour
by a person that is coercive, deceptive or unreasonably controls another
person without the second person’s consent: in way that denies the second
person the economic or financial autonomy the second person would have had
but for that behaviour; by withholding or threatening to withhold the
financial support necessary for meeting the reasonable living expenses of the
second person or a child, if the second person or the child is entirely or
predominately dependent on the first person for financial support to meet
those living expenses |
| Elements of
the offence | Integral
parts that make up the definition of an offence |
| Empanelling
the jury | A
process of selecting a jury by a balloting system, from a panel of potential
jurors |
| Enforceable
(DFV) | A
domestic violence order is ‘active’, or able to be enforced by the police,
if: the respondent was present in
court when it was made; a police
officer has personally served the protection order upon them; or the respondent has been told by a police
officer about the existence of the order, including the condition alleged to
have been contravened |
| Enforcement
creditor | Person
in whose favour an order for the payment of money has been made by the court,
who has not received the money within the timeframe imposed by the court
order |
| Enforcement
debtor | Person
ordered by the court to pay money to another party, who has not paid all or
part of that money within the timeframe imposed by the court order |
| Engagement
relationship | Exists
between two persons if the persons are or were engaged to be married to each
other, including a betrothal under cultural or religious tradition |
| Evidence | Information
gathered by a party to prove the facts on which the party relies in proving
their claim or defence (There are legal rules about what information may be
relied on) |
| Evidence (DFV) | The
aggrieved must prove that acts of domestic violence have occurred on the
‘balance of probabilities’. Testimony from family, neighbours or a doctor,
photographs of injuries and torn clothing, copies of text messages, phone
records, phone recordings and comments posted on social media are examples of
evidence. |
| Evidence in
chief | The
questioning of your own witness in court to produce evidence |
| Ex parte | Means
“for one party” and refers to applications or hearings where one party
applies or appears in the absence of the other party or parties |
| Ex parte
hearing | A
hearing done in in the absence of a party |
| Ex tempore | Means
“at the time” and refers to a judgment delivered by a judge at the end of a
hearing, rather than later, after a period of deliberation |
| Execute a
search warrant | Perform
legal searches upon a premises or 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 |
| Expert
witness | Qualified
and authorised specialised, scientific, forensic or medical professional who
is requested to give expert evidence in court |
| Exposed (DFV) | A
child is exposed to domestic violence if the child sees or hears domestic
violence or otherwise experiences the effects of domestic violence |
| Extradition | The
transfer of an accused from one state or country to another state or country
that seeks to place the accused on trial |
| Family Court
of Australia | A
federal court that resolves disputes about family law matters in Australia,
including parenting issues and financial issues following separation |
| Family
relationship | Exists
between two persons if one of them is or was the relative of the other (refer
to the definition of a relative) |
| Filing | The
process of lodging a document with the court registry so that it is placed on
the court file and becomes part of the file - usually, the registry will
apply the court seal to a copy of the document and provide this to the person
filing the document, as proof that it has been filed |
| Forensics | A
broad spectrum of sciences that is used in seeking explanations and answers
relating to evidence before a court |
| Foreperson | The
spokesperson of a jury |
| Fresh
charges | Newly
laid charges against an accused |
| Habeas
corpus | Latin:
‘You have the body’. A writ that orders the detained person to be brought to
court in order to justify their detention. |
| Hand-up
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 |
| Hearing | An
event in a proceeding held in a courtroom before a judicial officer and
attended by the parties for the purpose of progressing or deciding a matter |
| Hearsay
evidence | Evidence
based on what has been reported to a witness by others rather than what the
accused has observed or experienced directly |
| 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,
decide cases of special federal significance including challenges to the
constitutional validity of laws and to hear appeals from Federal, State and
Territory courts. |
| Hostile
witness | A
witness who is reluctant to give evidence or participate in a hearing
(sometimes for fear of retribution or self-incrimination, or in order to
protect an accused person). In these circumstances, the party calling the
witness can seek leave to declare the person hostile and cross-examine them. |
| Hung jury | A
jury that after an extended period of deliberation, cannot reach a unanimous
or majority verdict |
| Inadmissible
evidence | Any
form of tainted, illegally obtained, hear‐say or irrelevant evidence that has
been refused to be admitted as evidence in court |
| In‐Camera | Latin:
‘in private’ . A hearing or trial where the public and press are not
permitted to observe. This is usually reserved for sensitive cases or cases
where the witness or defendant is a child. |
| Indemnity | An
assurance of protection from being prosecuted |
| Indictable
offence | An
offence where a person can indicted in the District Court or Supreme Court as
opposed to a summary offence, which is dealt with in the Magistrates Court |
| Indictment | A
written accusation charging that a defendant/accused person has committed an
act or omitted to do something that is punishable by law. Indictments are
only presented to the District or Supreme Court. |
| Informal care
relationship | Exists
between two persons if one of them is or was dependent on the other person (a
carer) for help in an activity of daily living. The relationship does not
exist between a child and parent of a child. It also does not exist if the
person helps the other person in an activity of daily living under a
commercial agreement. |
| Inquest | An
inquiry by a Coroner or medical examiner into the cause of certain deaths |
| Instructions
(by Judge) | An
explanation of the law governing a case, which the judge gives orally to the
jury after the lawyers have presented all the evidence and made final
arguments, but before the jury begins deliberations |
| Intensive correction order (Home detention) | Technically
a sentence of imprisonment, but which the convicted offender serves in the
community under strict conditions |
| Interim
order | A
temporary order |
| Interlocutory
(application) | The
process of applying to a judge to decide an issue between the parties prior
to final determination of the claim |
| Interstate
order | An
order made by a court of another State, Territory or New Zealand |
| Intimate
personal relationship | An
intimate personal relationship is a spousal relationship, an engagement
relationship or a couple relationship |
| Intimidation
or harassment (DFV) | An
aggrieved is intimidated or harassed if followed by the respondent in public,
or if the respondent loiters outside the home or workplace, injures or
threatens to injure a pet, or repeatedly telephones without consent |
| Issue (legal) | A
question about facts or law to be decided by the court |
| Joint
custody | An
arrangement between estranged parents to share the upbringing of their
child/children - it can be joint legal and/or joint physical custody |
| Judge’s
ruling | A
judge’s authoritative decision on a debated point of law |
| Judge’s
summing up | A
Judge’s address to the jury at the end of the trial, summarising all of the
evidence produced in court and arguments from both sides, and instructing the
jury on points of law |
| Judgment | The
decision reached by the court by deciding the issues relevant to the final
outcome of the case, on the facts established by the evidence after applying
the relevant legal rules |
| Judgment
Creditor | A
person in whose favour an order for payment of damages has been made, which
damages have not yet been paid |
| Judgment
Debtor | A
person against whom an order for payment of damages has been made, which
damages have not yet been paid |
| Judicial
Officer | The
person who hears the matter and makes decisions on the evidence put before
the court. In Queensland Courts this is either a judge or a magistrate |
| Jurisdiction | The
power to make legal decisions and judgments |
| Jury
panel | A
group of potential jurors, consisting of citizens called by the Office of the
Sheriff to serve jury duty |
| King’s Counsel
(KC) – formerly Queen’s Counsel (QC) | A
senior barrister who has practiced for at least 10 years and is appointed to
be His Majesty’s Counsel. This membership only exists in various Commonwealth
countries. KCs wear silk robes in distinction to the woollen robes worn by
normal barristers, hence the nickname ‘silk’. |
| 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. |
| Leave (of the
court) | Permission
given by the judicial officer for a party to do a certain thing |
| Legal
professional privilege | The
right to claim that the contents of a document are confidential because the
document was prepared for the dominant purpose of providing or obtaining
legal advice or for use in anticipated or existing litigation, and to refuse
to produce the document in the proceeding for that reason |
| Legislation | Written
law created or changed by parliament |
| Listing | The
act of allocating a date and time for a court hearing |
| Litigation | The
process of resolving a dispute by bringing and defending a claim in a court
of law |
| Magistrate | A
judicial officer in the Magistrates Court |
| Magistrates
Court | The
lower court in the State’s legal system. It hears less serious matters, both
criminal and civil. A magistrate hears matters alone, without a jury. |
| Majority
verdict | A
verdict that most of the jurors agreed to (e.g. 11 out of 12 jurors agree on
the verdict) |
| Marked for
identification (MFI) | When
a piece of evidence is presented to the 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. |
| Material
(fact) | An
important fact which will have an impact on the outcome of a dispute |
| Mediation | A
meeting between the parties in a matter, with an independent person, in order
to aid them in the settlement of their disagreement. It is a structured
process of negotiation in which the independent person helps the parties to
communicate effectively with a view to resolving their dispute. |
| Mens rea | Latin:
‘guilty mind’ - the mental state of the offender while committing the crime -
criminal intent is one of the necessary elements of a crime |
| Mention | The
initial listing of a matter in court before it goes to hearing or sentencing
for the purpose of entering a plea, applying for bail, etc. The juidical
office may adjourn the matter to future mention dates or adjourn the matter
for a hearing. |
| Mitigating
circumstances | Facts
or circumstances which, although they cannot 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,
obtaining money may be a motive for murder |
| Named
person (DFV) | A
relative, associate, or child who is protected by being specifically named in
the domestic violence protection order |
| No Bill
Application | An
application to discontinue a prosecution either by the defence or by the
prosecution after reconsidering the facts |
| No-contact
condition | A
party who is under this condition (via their DVO or bail undertaking) cannot
telephone, speak to, or follow a named other party or go to a place where the
other party is likely to be. They also cannot email or contact the other
party by any other electronic means. |
| Non-indictable
offence | A
minor offence that must be heard in the Magistrates Court |
| Non‐parole
period | Actual
period served in custody by a convicted offender as part of a sentence of
imprisonment |
| Notice to
appear (NTA) | A
notice issued by police advising a person that their offence will be dealt
with in court |
| Oath | This
is when people swear on the Bible, or another religious text, that they will
tell the truth. If people have a valid reason not to swear an oath, they may affirmtheir
evidence. |
| Objection | A
motion in court, which can be made by either side, to disallow a question or
evidence |
| Objective
elements | Elements
that are based on facts rather than thoughts or opinions |
| Offender
levy | An
amount required to be paid by a convicted offender to contribute to the
administration expenses of the court |
| Opening
address | An
opening speech made by the lawyers representing the parties in a hearing, in
order to give the court a brief outline of the case |
| Opposing
(party) | The
person(s) on the other side of the dispute, for example, for a plaintiff, the
defendant is the opposing party |
| Originating
(application) | A
document that is filed to commence a proceeding, requesting the court to
resolve a civil dispute |
| Ouster
condition | The
respondent is prohibited from remaining at the stated premises, entering or
attempting to enter the premises and/or approach within a stated distance of
the premises |
| Over‐rule | A
decision by a court to disallow an objection or argument |
| Parent | The
child’s mother or father and anyone else having or exercising parental
responsibility for the child. A parent does not include a person standing in
the place of a parent of the child on a temporary basis; an approved foster
carer of the child, or an approved kinship carer for the child. A parent of
an Aboriginal or a Torres Strait Islander child includes a person who under
Aboriginal tradition or Island custom is regarded as a parent of the
child. |
| Party | A
person directly involved in a proceeding, who is named in the proceeding as
applicant, respondent, plaintiff, defendant, or third party |
| Penalty
units | Penalty
units are used to define the maximum fine payable for certain offences - when
the amount of the penalty unit is changed, it affects the amounts of all
fines |
| Perpetrator | As
opposed to a suspect, a perpetrator is one who actually committed an offence |
| Plaintiff | A
person who applies to the court for determination of a civil dispute by
filing a claim |
| Plea bargain (also called charge bargaining) | A
negotiation process between the defence and prosecution, before or during a
criminal trial, to give opportunity:
for the accused to plead guilty to a lesser charge; and for the
prosecution to secure a conviction and avoid the cost of a full trial |
| Pleading | A
court document which explains the case relied on by the person making the
claim or the person defending the claim (pleadings include the statement of
claim, defence, and reply) |
| Police
prosecutor (DFV) | This
person can appear in court on behalf of the aggrieved. If an aggrieved would
like the police prosecutor to represent them in court, then suitable
arrangements should be made prior to the court appearance. The police
prosecutor is able to represent the original aggrieved in an application for
a protection order if a cross application is filed. |
| Police
protection notice (PPN) | If
a police officer reasonably believes domestic violence has been committed,
the police office may (among other actions) issue a police protection notice,
which prohibits a person (respondent) from committing an act of domestic
violence towards another (aggrieved) and must be of good behaviour. A PPN may
include a cool-down condition. A PPN is a short-term notice that becomes an
application for a protection order heard by the court. |
| Post mortem
examination | Latin:
‘after death’ - an autopsy, an examination of a corpse to determine the cause
of death |
| Practice
direction | Procedural
guidelines issued by judicial officers to complement existing legal rules,
including with respect to courtroom appearances and case management |
| Precedent | Also
commonly referred to as ‘authority’, a precedent is a legal case establishing
a law, principle or rule that a court or other judicial body may apply when
determining similar cases |
| Prejudice | A
preconceived adverse judgment or opinion |
| Premeditated
crime | A
crime committed with deliberate consideration and planning |
| Premises in
the ouster condition | Premises
where the respondent has a legal or equitable interest, or where the
aggrieved and respondent live together or previously lived together or where
the aggrieved or a named person lives, works or frequents |
| Pre‐sentence
report | A
report about the circumstances of a convicted offender, provided to the court
to assist the sentencing process |
| Pre‐trial
hearing | A
proceeding held before a trial, to clarify issues, argue the admissibility of
certain evidence etc |
| Prima
facie | Latin:
‘on the face of it’ or ‘at first sight’ - a legal presumption that means that
upon the initial observation, there is sufficient evidence that can be used
to prosecute |
| Privileged
information | Information
that is legally protected against disclosure |
| Pro bono
(services) | Means
“for the good” and refers to professional legal services provided without
charge |
| Proceeding | A
dispute commenced by a claim, or originating application, that has been filed
in the court registry and has been given a court file number |
| Prosecutor | A
prosecutor is a person who conducts proceedings on behalf of the prosecution.
For matters in a Magistrates or Childrens Court, the prosecution may be
conducted by a police prosecutor who could be a police officer or a lawyer
employed as a police prosecutor. For domestic and family violence matters, a
Queensland police prosecutor may conduct proceedings on behalf of an
applicant. |
| Protection
order | A
court order that prohibits one person (respondent) from committing an act of
domestic violence towards another (aggrieved) |
| Psychological
abuse | Behaviour
by a person towards another person that torments, intimidates, harasses or is
offensive to the other person |
| Public
gallery | A
seating area at the back of the court for the public |
| Quash a
conviction | To
set aside or annul a conviction |
| Queensland Civil and Administrative Tribunal (QCAT) | A
tribunal which determines minor civil disputes (such as consumer disputes,
residential tenancies, and dividing fence matters), appeals against
administrative decisions and hearings in relation to professional boards |
| Recognisance | A
recognisance is a promise to be of good behaviour for a set period of time |
| Re‐examination | A
second chance for the defence or prosecution to ask questions of their own
witness relating to evidence given during cross‐examination to clarify the evidence heard by the court |
| Registered
interstate order | A
court order from another Australian state or territory that is registered in
Queensland |
| Registry
committal | A
committal that is dealt with in the registry of the court, without a hearing,
using only documents filed by the parties |
| Relief | The
remedy for which the plaintiff, applicant, or claimant applies to the court,
for example, damages |
| Remand/Remand
in custody | A
court order to temporarily keep a person in custody pending further court
appearances |
| Re‐offend | To
commit the same offence again |
| Repeat
offender | A
person who repeatedly commits and is convicted of the same offence |
| Reserved
(judgment) | After
the trial the judicial officer may spend time considering the evidence and
deciding the issues before making a final decision - during this period of
deliberation, judgment is said to be ‘reserved’ |
| Respondent | A
person responding to/defending an interlocutory or originating application |
| Respondent
(DFV) | The
person against whom the domestic violence protection order or a police
protection notice is sought or made |
| Return
condition | Allows
the respondent to return to the premises to recover stated personal property
or to remove property |
| Seek leave to
appear | Asking
a court’s permission to represent a party |
| Seek leave to
withdraw | Asking
a court’s permission to remove oneself from a case |
| Self-incriminating
evidence | Evidence
given by a witness in a trial or other legal proceedings that could subject
them to criminal prosecution |
| Sentenced to
the rising of the court | A
convicted offender is sentenced to stay in the custody of the court until the
court is adjourned |
| Sentencing
options | A
number of alternative sentences that the court can use |
| Serve (DFV) | Delivery
of the application or domestic violence order to the respondent - usually by
the police. If the respondent is present in court, they do not have to be
served with the order; however, they still need to be given a copy. If a
respondent is a child under 18 years (or 18 and over only if ordered by the
court), then a copy of all documents must be given to a parent of the
child. |
| Service | The
act of giving a court document to another party in a way specified by legal
rules, so that it is more certain that the other person has received the
document |
| Show cause
situation | A
presumption that bail should not be granted unless the accused can satisfy
the court otherwise |
| Solicitor | A
member of the legal profession who may give legal advice to, prepare cases
for, and represents clients in court. Unlike a barrister, solicitors do not
wear robes and wigs. |
| Spousal
relationship | A
spousal relationship exists between spouses |
| Spouse | A
spouse includes a de facto partner and civil partner - it also includes a
former spouse of the person and a parent or former parent of a child of the
person |
| Statement | A
witness’ written account of what they heard and saw - the witness usually
gives a statement to a police officer who assists by asking relevant
questions (criminal matters), in civil matters a statement may be taken by a
party’s own solicitor |
| Statute | Written
law created or changed by Parliament |
| Statutory
declaration | A
written statement declared to be true in the presence of an authorised
witness - usually a Justice of the Peace, Commissioner of Declarations, or
solicitor |
| Stay (of
proceeding) | A
temporary or permanent suspension of a proceeding by order of the court |
| Subjective
elements | Elements
that are based on feelings, beliefs and personal experience |
| Submissions | The
opinion, argument, etc put forward by a party in a court case |
| Subpoena | A
document issued by a court requiring the attendance of a person before the
court to give evidence in person or to produce evidence to the court |
| Summary
(judgment) | Final
judgment given in favour of one party against another party without a trial
taking place |
| Summary
offence | A
minor offence that is dealt with in the Magistrates Court |
| Summons | A
document issued by a court that initiates legal proceedings or requires a
person to attend court |
| Supervision | Help
and guidance for criminal offenders provided by the Probation and Parole
office |
| Supreme
Court | The
Supreme Court is the highest state court. It is made up of the trial division
and the Court of Appeal. It has unlimited jurisdiction and hears the most
serious criminal and civil matters. |
| Surety | A
person who takes responsibility for a bail applicant to assure the court that
the bail applicant will fulfil their bail conditions by agreeing to forfeit
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 |
| Suspended
sentence | A
sentence of imprisonment that is only required to be served if the accused
commits another offence within a set period of time |
| Sustain | To
uphold or allow an objection in court made by the lawyer representing one of
the parties in the matter |
| Temporary
order (DFV) | A
temporary protection order is one that is made for a short period of time
until a final decision on an application for a protection order is made by
the court |
| Tender (a
document) | A
party tenders a document when they ask the court to accept information
contained in a document as part of the evidence to be considered in deciding
the dispute |
| Tender
evidence | To
formally offer a statement, legal documents or physical evidence to the
court, during a hearing or trial, in support of one’s case. The tendered
evidence, if accepted by the court, will be issued with an exhibit number. |
| Trial | Examination
of evidence and applicable law by a court to determine the issues relating to
specified charges or claims |
| Unanimous
verdict | A
verdict that all of the jurors agreed to |
| Unauthorised
surveillance | Unreasonable
monitoring or tracking of the person’s movements, activities or interpersonal
associations without the person’s consent, including, for example, by using
technology |
| Under
duress | When
a person is compelled by threats or coercion to commit criminal acts or to
give a confession or consent to something they are said to be ‘under duress’ |
| Vacate a court
date | The
cancellation of a pre-set date for a court hearing |
| Variation of
domestic violence order | Includes
a variation of a condition, duration or the persons named in the order |
| Verdict | A
finding or decision of a jury on the guilt or innocence of the accused in a
criminal trial |
| Voir dire | Old
French: ’to speak the truth’. A preliminary examination of prospective jurors
or witnesses under oath to determine their competence or suitability |
| Voluntary
intervention order | An
order that requires the respondent to attend an approved intervention program
and/or counselling provided by an approved provider |
| Weapon | This
includes anything that has been used to threaten or injure the aggrieved, for
example a martial arts weapon, a bat or even a dog. Information about such
weapons, and any weapons licences, may be included in the domestic violence
order |
| Withdraw a
question/comment | Retract
a question that has been objected to by the opposition party |
| Without
admissions (DFV) | Where
a person agrees to the making of a protection order, and being named as the
respondent (a consent order), even though they do not admit to the
allegations of domestic violence and the court has not made a finding that
domestic violence has occurred |
| Without
prejudice | Use
of these words indicates to the opposing party that the communication
contains statements made in a genuine attempt to negotiate a settlement of
the dispute, and that the writer/speaker relies on the legal rule which
prevents such statements from being later tendered in court if the dispute is
not resolved |
| Writ | An
order made by a court requiring specific action from a person or prohibiting
them from doing certain things |
