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Criminal Courtroom
| Term | Definition |
|---|---|
| Summary offence | A less serious offence heard in the Magistrates' Court before a single magistrate |
| Indictable offence | A serious offence heard in the County Court or Supreme Court before a judge and jury |
| Original jurisdiction | The types of cases the court hears for the first time |
| Appellate jurisdiction | The types of cases the court hears on appeal from a lower court |
| Appellant | The person who appeals a result of a court to a higher court |
| Respondent | The person defending the appeal |
| Bail | The release of a person whilst they are awaiting a hearing or a trial |
| Surety | A sum of money forfeited by a person to support an accused obtaining bail; a surety guarantees that the accused will attend their hearing or trial |
| Remand | Detention of a person in legal custody until their trial |
| Examination-in-chief | A witness is questioned by their side's legal counsel |
| Cross-examination | A witness is questioned by the other side's legal counsel to determine inconsistencies in their evidence |
| Re-examination | A witness is requestioned by their side's legal counsel after cross-examination to clear up any inconsistencies which may have occurred |
| Plea for mitigation in sentence | A plea from the defence for a lenient sentence; this can be due to the accused's background, character or family life |
| Prima facie case | A case with enough evidence to support a conviction at trial |
| Committal proceedings | An inquiry to determine if there is a prima facie case against the accused |
| Contested committal | A committal proceeding where the accused indicates their intention to plead guilty or not guilty |
| Directions hearing | A pre-trial procedure to speed up the trial; issues concerning the case are discussed at a hearing between both parties and the judge |
| Arraignment | The accused is called, placed in the dock and asked for their plea |
| Unanimous verdict | An agreement on a decision by all members of the jury |
| Majority verdict | The majority of the members of the jury must agree with the verdict |
| Adversary system | The system of trial used in Australia in which two sides contest to win the case |
| Inquisitorial system | A system of trial where the judge or magistrate takes an active role in investigating and determining the case in question |
| Jury | A group of people who are selected to hear a court case and make a decision in favour of one of the parties based on the evidence and the law |
| Empanelled | To select the required number of jurors through a series of challenges from the jury pool |
| Peremptory challenge | A challenge to a prospective juror without a reason |
| For cause challenge | A challenge to a perspective juror with a reason |
| Hung jury | When the jury cannot reach a verdict |
Created by:
EM2192
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