Notice to Appear- an attendance slip given to you by Police with a Court date that you need to attend
Bail Undertaking- a document you sign at the watchhouse or in Court where you promise to attend Court when required. Sometimes it has conditions, such as where you must live or that you need to report to a local police station. These conditions remain in place while your charges are before the Court, unless a Magistrate or Judge changes them.
Magistrate- the person who conducts Court in the Magistrates Court and makes decisions about your matters in that Court.
Judge- the person who conducts Court in the District and Supreme Courts and makes decisions about your matters in either the District or Supreme Court, depending on the Court you are in.
DPP- the Office of the Director of Public Prosecutions (known as the DPP). This is the office that employs lawyers and barristers to prosecute matters in the District and Supreme Courts.
Committal- a process to transfer your charges from the Magistrates Court to the District or Supreme Court.
Mention- A term used by lawyers and the Court that’s another way of saying Court date. For example, a Magistrate might tell you that ‘your matter is adjourned to 1 September for further mention’. This means it will be before the Court again on 1 September.
Summary- charges that can only be finalised in the Magistrates Court. Things like drink driving and other driving offences, street offences like Public Nuisance are all summary matters.
Indictable- a charge that can proceed in the District or Supreme Court. Think more serious charges like drug charges, assaults and sexual offences are all indictable. Sometimes, they can still be finalised in the Magistrates Court.
Indictment- the list of charges that is presented to the District or Supreme Court Judge that puts them before that Court.
Sentence- when you either plead guilty or are found guilty, a Judge or Magistrate will hand down their punishment, which will take into account things like the seriousness of the offence, your circumstances and history.
Trial- if you plead not guilty, you will have a trial. In the Magistrates Court, this will be before a Magistrate. If in the District or Supreme Court, this will be in front a jury. The evidence will be presented and either the Magistrate or jury will decide whether you are guilty or not guilty.
Jury- a group of 12 members of the community, randomly selected, who will be asked to hear and decide the evidence against you and decide if you are guilty or not guilty.
Barrister- a legal representative who is trained in Court work and advocacy. A barrister can be engaged by your solicitor to run your trial, or appear on your behalf at your sentencing hearing. Your barrister and solicitor will work as a team to get you the best outcome possible.
Prosecutor- the person at Court whose job is to put the charges against you before the Court and present the case for the Police. Sometimes they will be a Police officer, and sometimes they are a lawyer or barrister employed by the DPP.
Probation – A community-based order allowing you to address your offending in the community. Probation often comes with a set of conditions you must abide by, such as partaking in programs and counselling, not committing further offences, and regular reporting with your probation officer to keep track of your progress.
Parole – Conditional early release from custody, allowing the remainder of your sentence to be served in the community. Whilst on parole you are likely to be subject to conditions such as not committing further offences, drug and alcohol testing, regular visits from parole and corrective services officers, partaking in programs and counselling, and not leaving the State of Queensland without permission.
QP9 – A brief summary provided by the police of the details and circumstances of the offences you have been charged with.
Charge – The allegation that a person has committed a specific crime.
Conviction – When the person accused of committing a specific crime has been found guilty, and a record of their guilt has been recorded on their criminal record.
Hearing – a brief session in court, where evidence is presented in court after a client has plead not guilty to a crime they have been accused of.
Matter – a client’s ‘case’ may be referred to as a ‘matter’
Subpoena – a court order summoning a witness attend to court, to either testify (give evidence) or provide documents to court.
Brief of Evidence (BOE) – The BOE contains a copy of all evidence which the prosecution has on file of the offender.
Temporary Protection Order (TPO) – A TOP is the first written order from a court in a domestic violence proceeding. The TPO will outline requirements & restrictions the respondent must abide by.
Closed Court – a court room which is closed to members of the public from attending.
Verdict – the decision of a jury whether the accused has been deemed as guilty or not guilty.
Offence – a beach of a law (the crime committed)
