Useful terms
Accused
The person who has been formally charged with a crime. Also called the defendant during the court process.
Aquittal
An official decision which declares somebody not guilty of a crime.
Adjournment
When a court hearing or mentioned is paused or delayed and rescheduled for a later date or time.
Admissible
Evidence that is allowed to be used in court.
Affected child witness
A child aged 16 or under who is a witness in a relevant proceeding, as defined in legislation, and who is not a defendant. A child under 16 is automatically considered a special witness.
Affirmative Consent
Free and voluntary agreement by a person with the cognitive capacity to make the agreement.
Appeal
An appeal is the process by which all or part of a court’s decision about a sentence, conviction or both is reviewed.
Appearance
When a person or their lawyer attends a court hearing, either in person or on their behalf.
Arraignment
The formal process of informing an accused person of the charges against them. The accused person enters a plea of guilty or not guilty.
Bail
A person who has been arrested may be granted ‘bail’, which means that they are released from custody subject to conditions. Bail is usually granted by a court; however, often it may be granted by police.
Bail undertaking
The list of conditions in which the accused person must sign and abide by when released on bail.
Barrister
A lawyer who represents the accused person in court.
Beyond reasonable doubt
In a trial, a jury must be sure enough of the accused person’s guilt that no sensible doubt remains in their mind.
Breach of sentence
When the accused person does not follow the requirements of their sentence, for example not following parole conditions
Charge
The name given to the formal record of an allegation that a defendant has committed an offence. A person is usually charged by police and, once charged, that person must appear before a court at a specified place, date and time.
Childrens Court of Queensland
In Queensland, criminal matters involving children are dealt with in the Childrens Court of Queensland (CCQ) constituted either by a Judge or a Magistrate depending on the seriousness of the offences with which the young person is charged.
Committal Hearing (Committed for Trial/ Committed for Sentence)
Before a case goes to the Supreme Court or District Court, in some cases there is a hearing in a Magistrates Court to determine whether there is enough evidence for a trial to be held. Sometimes witnesses may be required to give evidence in the Magistrates Court for a committal hearing.
Complainant
The term used in court proceedings to describe a victim or person alleging that another has committed an offence against them. A victim is automatically considered a witness in a matter relating to them. See how we work with you.
Concurrent sentence
Terms of imprisonment that are served at the same time as each other. The offender will serve the highest term given in the sentence. See court stages.
Conference
A meeting between the victim or witness, and the ODPP. Conferences can be in person, via video link or telephone. A victim liaison officer or legal officer will arrange a conference with a victim or witness as needed.
Conviction
A finding of guilt, or the acceptance of a plea of guilty, by the court.
Court of Appeals
The Court of Appeal is a division of the Supreme Court and hears all appeals from the Supreme and District Courts, and many tribunals.
Crime
Actions or behaviours that are prohibited by the law committed by one or more person/s. See crimes we prosecute.
Criminal code
Criminal Code is a reference to the Criminal Code Act 1899 (Qld) schedule 1 (‘Criminal Code’).
Cross-examination
When the accused person’s lawyer questions a victim or witness in court to test their evidence or story. See giving evidence.
Crown
The Crown refers to the Queensland Government representing the community of Queensland. All criminal proceedings on indictment are brought in the name of the Crown.
Crown prosecutor
A barrister who works for the Office of the Director of Public Prosecutions and and handles the prosecution of the matters, which means that they appear in the courts for trials, hearings and sentences. Crown Prosecutors are responsible for ensuring that the accused person has the most appropriate charges against them.
Defendant/Accused
A person who is alleged to have committed an offence.
Defence lawyer
The lawyer or solicitor who represents the accused person.
Diminished responsibility
A finding in the Mental Health Court of an accused person’s substantial impairment of the capacity to understand what they were doing; or the capacity to control what they were doing; or the capacity to know that they should not do what they did.
Director
The person appointed as the Director of Public Prosecutions for the State of Queensland. Mr Todd Fuller KC is the current Director of the Office of the Director of Public Prosecutions.
Discontinuance
Charges are ‘discontinued’ when they are no longer going to proceed in the court. When charges are discontinued, the accused no longer needs bail to remain out of jail and will not stand trial or be sentenced on those charges. Our Office will contact you before this occurs. In some matters, a victim may be able to submit a request to review discontinance. See Right to Review Policy.
District Court
The second level of the Queensland Courts system. Serious criminal offences may be transferred to this court to be dealt with. See District Court.
Domestic and family violence (DFV)
DFV is described as when one person, who has a domestic relationship with another person, is physically, sexually, emotionally, psychologically, or financially abusive, threatening, controlling, or coercive towards the other person.
Evidence
Information, such as witness statements, documents, records, photographs, video recordings, clothing, weapons or forensic traces used in court to help prove whether something did or didn’t happen. See giving evidence.
Examination-In-Chief
When a crown prosecutor asks the witness or victim questions in court to explain what they know, experienced or saw. See giving evidence.
Ex-officio indictment
An indictment against a person presented to a court without that person having being committed for trial or committed for sentence. Such indictments require the approval of the Director of Public Prosecutions before they can be presented to the relevant court.
Forensic order
A type of order made in the Mental Health Court if the accused person is found of unsound mind at the time of an alleged offence or unfit for trial.
Harm
A detrimental effect on a person’s psychical, emotional, financial, psychological or mental wellbeing, either temporary or permanent.
Indictable offence
An offence whereby, under the Criminal Code 1899 (Qld) or other legislation, the defendant has a right to stand trial before a judge and jury. An offence may be indictable even if the defendant or some other person can determine that the defendant will stand trial before a magistrate only.
Indictment
Indictment is the name given to a formal document presented to either the District, Supreme or Childrens Court of Queensland after charges have been ‘committed up’ from the Magistrates Court. An indictment sets out the offence or offences that the accused is charged with.
Investigation
The process which occurs after a complaint has been made to the police. The investigation process is completed by police and involves speaking to witnesses and gathering evidence.
Judge
The person in court who makes sure the trial is fair and decides legal outcomes and sentences. The judge sits at the front of the room and is referred to as “His or Her Honour”.
Judge alone trial
A trial that is conducted with no jury. The judge decides, after considering the evidence, if the accused person is guilty or not guilty.
Legal officer
The legal officer works for the ODPP and is the lawyer who has the day-to-day carriage of your matter and will complete most of the legal work. Legal officers will appear in court, but do not run trials.
Legal support officer
The legal support officer works for the ODPP and provides legal and administrative support to the legal officers and crown prosecutors.
Magistrate
The person in the Magistrates Court who decides on outcomes and ensures matters are heard fairly. The magistrate sits at the front of the room and is referred to as “His or Her Honour”.
Magistrates Court
The first level of the Queensland Courts system. All criminal matters begin in the Magistrates Court.
Mental Health Court
The Mental Health Court is separate to the criminal courts (Magistrate, District and Supreme Court) and makes decisions about the state of mind of the accused person.
Mental Health Review Tribunal (MHRT)
The Mental Health Review Tribunal is an independent decision-making body under the Mental Health Act 2016 (Qld).
Reviews the involuntary status of accused person/s who have been placed on orders through the Mental Health Court.
Mention
A mention is a brief court event used in the courts to ensure a matter is proceeding in a timely way, towards a resolution. A matter may have numerous mentions throughout the duration of the court process.
Offence
An offence is any act or omission prohibited by the law of Queensland, and for which an offender will be punished. Offences may be indictable or summary. Summary offences can only be dealt with in a Magistrates Court.
Office of the Director of Public Prosecutions
The Office of the Director of Public Prosecutions (ODPP) is the office led by the Director of Public Prosecutions, Mr Todd Fuller KC, an independent statutory officer appointed under the Director of Public Prosecutions Act 1984 (Qld). The Director represents the State in prosecuting serious criminal cases. The ODPP is supported administratively by the Department of Justice. Read about us.
Plea
A plea is the formal response of a defendant to the charges on an indictment. At the defendant’s trial or sentence, the indictment is read out to the defendant (the defendant is ‘arraigned’) and the defendant then formally responds by stating that they are ‘guilty’ or ‘not guilty’.
Pre-record
Special witnesses can give evidence prior to the trial from a separate room to the courtroom, which is recorded and used during the trial.
Prosecutor see also Crown Prosecutor
Prosecutors are barristers authorised to appear in the superior courts on behalf of the Crown. The term includes crown prosecutors from the ODPP and members of the private bar who hold a commission to prosecute and are briefed to do work for the Director.
Sentence
If the accused pleads guilty or is found guilty by a jury, the judge will pass ‘sentence’ – that is, decide what punishment should be given. A separate hearing may be held for the sentencing. A crown prosecutor from the Office of the Director of Public Prosecutions attends the sentence hearings, and outlines the circumstances of the offence.
Summary trial
A trial held in a Magistrates Court before a magistrate sitting alone.
Superior courts
The District Court (including the Childrens Court of Queensland) and the Supreme Court.
Supreme Court
The highest level of the Queensland Courts system. Criminal matters involving murder, manslaughter and serious drug offences are transferred to this court to be dealt with. See Supreme Court.
Trial
A trial is a hearing before a judge and jury (12 members of the public) in the District Court or Supreme Court. Witnesses will give evidence in the court in front of the jury, subject to special arrangements for children or other vulnerable witnesses. The jury hears the evidence and makes a decision about whether there is enough evidence to convict the accused or not. A trial can also be heard before a judge alone.
Victim impact statement
A victim impact statement (VIS) is a letter that is written by victims to the court which details how the offending has impacted their life. It is usually read out when an offender is sentenced. Family members of victims can also provide a VIS.
Victim liaison officer
The ODPP victim liaison officers (VLOs) is the first point of contact for victims of some criminal matters. Read about our victim liaison service.
Victims' Register
The Victim's Register is managed by Queensland Corrective Services (QCS) or Youth Justice for youth offenders. Victims of certain crimes can apply to the Victims' Register to be kept up to date and notified of changes to the offender's imprisonment.
Witness
A person who saw, heard, or experienced something relevant to a crime or legal case. A victim is considered a witness. See how we work with you.