Prosecution Guidelines
Glossary
View legal term definitions.
Published
29 March 2021
Term | Definition |
---|---|
accused | a person charged with a crime; may also be referred to as the defendant or the alleged offender |
acquittal | a verdict that the prosecution has not proven that the accused is guilty beyond a reasonable doubt |
adjournment | a break during a trial or other court proceedings to another time or day |
admissible | used to describe evidence that is allowed to be given in court |
appeal | a challenge made to a court’s decision, taken to a higher court |
bail | the release of the accused while criminal proceedings are taking place on condition that the accused will attend court and comply with any other condition imposed |
barrister | a lawyer whose main role is to present the evidence and make legal arguments in court on behalf of their client |
beyond reasonable doubt | the test (also referred to as the standard of proof) for proving a crime in court |
breach of sentence | when the offender is dealt with for failing to comply with a sentence |
brief | a collection of written or recorded statements or interviews, expert reports, video footage, photographs and other material obtained by an investigative agency and given to the ODPP |
case conference | a conference between a prosecutor and the accused’s legal representative under Chapter 2, Part 3, Division 5 of the Criminal Procedure Act 1986 |
certifying a charge | charge certification takes place in the Local Court when the DPP certifies which offences will be pursued against an accused person |
charge | the allegation that a person has committed a specific crime |
charge resolution | a process resulting in a decision by the prosecution to withdraw one or more charges on the accused promising to plead guilty to fewer and/or less serious offences and/or to place one or more offences on a Form 1 document |
child | a person under the age of 18 years |
Children’s Court | the court that deals with most cases where a child is charged with a crime in NSW |
CCTV | closed-circuit television |
closed court | a courtroom that is closed to members of the public |
co-accused | One or more persons or organisations charged with committing the same offence |
committal | when a case is referred from the Local Court or the Children’s Court to be dealt with in the District Court or Supreme Court |
conference | a meeting, such as between the prosecutor and a witness, to discuss the case |
confiscation | action taken by the government to take money and assets used in or obtained through crime |
conviction | a finding that the accused is guilty of a crime |
counsel | another word for barrister |
count | a charge on the indictment |
court | the building where the case is heard. Also used to describe in general terms the judicial officer hearing the case, such as a magistrate or judge |
Court of Criminal Appeal (CCA) | the court in NSW that deals with conviction, sentence and other appeals from the District and Supreme Courts |
client legal privilege | See “legal privilege” |
crime | a breach of criminal laws, as set down in legislation or by the courts |
cross-examination | when the lawyer representing one party in the case challenges the evidence of a witness called by the other party, e.g. defence counsel may cross-examine a prosecution witness |
Crown Prosecutor | a barrister appointed under the Crown Prosecutors Act 1986 |
defence | used to refer to the accused’s legal response to the prosecution, a lawful excuse for doing something or the accused’s legal team |
defence counsel | the barrister representing the accused |
defendant | a person charged with a crime; may also be referred to as the accused or the alleged offender |
Deputy Director | a Deputy Director of Public Prosecutions (NSW) |
Director (DPP) | the Director of Public Prosecutions (NSW) or delegate |
discontinue proceedings | end the prosecution |
District Court | the court that deals with most of the serious criminal cases in NSW |
diversion | an option for magistrates to deal with a person with a cognitive impairment, mental illness or other mental condition other than in accordance with law (s32 Mental Health (Forensic Provisions) Act 1990) |
domestic violence | a wide range of behaviours, including physical, sexual and psychological abuse, occurring within married and de facto relationships, between family members, couples who are separated or divorced, and within shared households |
Drug Court | a court of record that deals with criminal matters involving accused persons who are addicted to illicit drugs |
election | NSW law allows for less serious indictable matters (Table Offences) to be dealt with summarily in the Local Court. An election is a decision by either party to require a Table Offence to be dealt with on indictment in the District Court – see also Table offence |
evidence | material presented in court to prove or disprove a fact; it may be what a witness says or an exhibit |
ex officio charge | a charge on an indictment that was not referred from the Local Court or the Children’s Court, which can only be authorised by the Director or a Deputy Director |
examination-in-chief | the questioning of a witness by the lawyer who represents the side that has called that witness to give evidence, e.g. the prosecutor asking questions of a prosecution witness |
fitness hearing | a hearing before a judge in the District or Supreme Court to determine whether the accused is mentally fit to face trial |
Form 1 | a document under s.32 of the Crimes (Sentencing Procedure) Act 1999 containing a charge or a list charges that the accused agrees to have taken into account when being sentenced for some other offence; no conviction is recorded and no separate sentence is imposed for Form 1 offences |
full-time detention | the length of time to be spent by the offender in prison |
harm | physical, psychological or psychiatric harm, or having property taken, damaged or destroyed |
hearing | an important listing of the case in court, e.g. a trial, summary hearing or sentence hearing |
immunity | an indemnity or undertaking |
indemnity | protection against prosecution granted by the Attorney General under s.32 of the Criminal Procedure Act 1986 |
indictable offence | an offence that may be dealt with on indictment in the District Court or the Supreme Court |
indictment | a document filed in the District Court or the Supreme Court that lists the charges against the accused |
informer witness | a person who gives information to an investigative agency about someone else’s criminal activity in return for some benefit, e.g. a lighter sentence |
investigative agency | a government agency that investigates crime |
interlocutory judgment or order | a judgment or order given at an intermediate stage of a criminal proceedings, typically prior to the commencement of or during trial, in relation to (among other things) the admissibility of evidence |
judge | a person who hears cases in the District Court or the Supreme Court |
judge alone trial | a trial heard before a judge without a jury (s132 Criminal Procedure Act 1986) |
legal privilege | protection from revealing confidential communications and documents between a lawyer and their client, sometimes referred to as client legal privilege or legal professional privilege |
limiting term | a term similar to a sentence. Imposed by the District or Supreme Courts at the conclusion of special hearings (criminal proceedings used when accused persons are not fit to stand trial) |
Local Court | a lower court which hears less serious matters. A magistrate sits in the Local Court without a jury |
magistrate | a judicial officer who hears cases in the Local Court or the Children’s Court |
mention | a brief hearing of the matter in court |
no further proceedings | a direction to end the prosecution |
non-publication order | a restriction or prohibition in legislation or by order of the court against the publication of the case or some aspect of the case, e.g. a victim’s name |
offender | a person who has been found guilty of a crime |
Office of the Director of Public Prosecutions (ODPP) | comprises the Director’s Chambers, the Crown Prosecutors’ Chambers and the Office of the Solicitor for Public Prosecutions |
officer-in-charge (OIC) | the officer in charge of the investigation, usually a police officer |
plea | the accused’s answer to the charge: guilty or not guilty |
pre-charge advice | advice provided by the ODPP to an investigative agency before charging |
prescribed sexual offence proceedings | proceedings that include a charge for a prescribed sexual offence as defined in s3(1) Criminal Procedure Act 1986 |
prosecution | the criminal case, or the party running the criminal case (also currently referred to as the Crown) |
prosecutor | an ODPP solicitor or a Crown Prosecutor, including a solicitor acting for the DPP and private counsel briefed by the DPP |
public interest immunity | where it is in the public interest not to reveal confidential information |
re-examination | questioning a witness about answers the witness gave in cross-examination |
retrial | a new trial of the same case |
sentence | the penalty imposed by the judge or magistrate on a guilty offender |
solicitor with carriage | the ODPP solicitor who is responsible for a particular case |
special hearing | a hearing in cases where the accused has been found unfit to stand trial, to determine whether the accused has committed the offence; it is similar to a regular trial |
special measures | different arrangements for a witness to give evidence, e.g. the use of screens in the courtroom or giving evidence from another room by closed-circuit television |
statement of agreed facts | a written summary of the undisputed facts agreed to by the prosecution and defence for sentencing purposes |
strictly indictable | matter must be dealt with on indictment in either the District or Supreme Court |
summary hearing | a hearing before a magistrate in the Local Court or the Children’s Court |
summary offence | an offence that cannot be dealt with on indictment |
Supreme Court | the court in NSW where the most serious criminal cases are heard, e.g. murder |
suppression order | a restriction or prohibition in legislation or by order of the court against disclosure about the case or some aspect of the case |
table offence | an indictable offence listed in Tables 1 and 2 in Schedule 1 of the Criminal Procedure Act 1986 that is capable of being dealt with either summarily in the Local Court or on indictment in the District Court or Supreme Court |
trial | a hearing where evidence is presented and a decision is made, can be with a jury or judge alone |
undertaking | a promise by the Attorney General that evidence given by the person in court will not be used against them under s33 Criminal Procedure Act 1986 |
verdict | the decision of whether the accused is guilty or not guilty after a trial or hearing |
victim | a person who has suffered harm as a direct result of an act committed by another person in the course of a criminal offence, including a member of a deceased victim’s immediate family |
Victim Impact Statement (VIS) | a statement by a victim that may be read or presented to a court before the offender is sentenced to describe the effects of the crime on the victim |
Victims Register | a register to keep victims informed about what happens with an offender after the end of the case in court; e.g. possible release dates and parole hearings |
witness | a person who attends court to give evidence |
Witness Assistance Service (WAS) | a specialist service within the ODPP that provides assistance and support to victims and vulnerable witnesses in the criminal justice process |