ACT Criminal Law Glossary

An A-Z of the criminal law terms you will hear in the ACT Magistrates Court, ACT Supreme Court, and in dealings with ACT Policing or the Director of Public Prosecutions. Written by the team at Andrew Byrnes Law Group, Doyle's Recommended criminal defence lawyers in Canberra.

This page is general information only and is not legal advice. For advice on your specific matter, contact us on (02) 6210 1075 for a free initial consultation.

A

ACT Magistrates Court

The lower court of the Australian Capital Territory, located at Knowles Place, Canberra. Hears all summary offences and the early stages of indictable matters before they are committed to the ACT Supreme Court.

ACT Supreme Court

The superior trial court of the ACT. Hears serious indictable offences (murder, manslaughter, sexual offences, large drug supply), appeals from the Magistrates Court, and significant civil matters.

ACT Court of Appeal

Appellate division of the Supreme Court that hears appeals against conviction and sentence from the Supreme Court, normally constituted by three judges.

Acquittal

A verdict of not guilty. Once acquitted, a person cannot be retried for the same offence (subject to limited statutory exceptions).

Adjournment

A postponement of a court matter to a later date, often to allow further preparation, negotiations, or to obtain reports.

Affray

Using or threatening unlawful violence in a way that would cause a reasonable bystander to fear for their safety. An offence under section 35 of the Crimes Act 1900 (ACT).

Aggravated offence

A version of an offence carrying a higher maximum penalty because of aggravating features (e.g. weapon used, victim under 16, in company).

AOABH (Assault Occasioning Actual Bodily Harm)

Assault that causes injury more than transient or trifling. An offence under section 24 of the Crimes Act 1900 (ACT).

Apprehended Violence Order (AVO)

A protective order made in NSW. The ACT equivalents are the Personal Protection Order (PPO) and Family Violence Order (FVO).

Arraignment

The formal reading of charges to the accused in the Supreme Court, at which the accused is asked to plead guilty or not guilty.

Arrest

Detention by police, lawful where an officer has reasonable belief a person has committed, is committing, or is about to commit an offence.

Assault

Intentional or reckless application of force to another, or causing apprehension of imminent force. Includes common assault, AOABH, GBH, and aggravated forms.

B

Bail

The release of an accused person pending court proceedings, governed by the Bail Act 1992 (ACT). Bail may be granted unconditionally, on conditions, or refused.

Bail conditions

Restrictions imposed as a condition of release, such as residence, curfew, reporting, non-contact, surrender of passport, or financial surety.

Beyond reasonable doubt

The criminal standard of proof. The prosecution must prove every element of the offence to this standard before a finding of guilt can be made.

Bench warrant

A warrant issued by a court for a person's arrest, typically when they fail to attend a court date.

Brief of evidence

The bundle of statements, exhibits, and other material the prosecution intends to rely on. The defence is entitled to receive it in time to prepare.

Burden of proof

The obligation to prove a fact. In criminal proceedings, the burden rests on the prosecution. The accused does not have to prove innocence.

Burglary

Entering premises as a trespasser with intent to commit an offence inside. An offence under section 312 of the Crimes Act 1900 (ACT). Aggravated burglary carries higher penalties.

C

Caution

The warning police give about the right to silence before questioning. Also: a formal but informal disposition that does not result in a charge or conviction.

Charge

The formal allegation of an offence, set out in a charge sheet or Court Attendance Notice (CAN).

Committal

The procedural step in the Magistrates Court at which a magistrate determines whether an indictable matter should proceed to the Supreme Court for trial.

Common assault

The least serious form of assault. An offence under section 26 of the Crimes Act 1900 (ACT). Maximum 2 years' imprisonment.

Conviction

A formal finding of guilt recorded against a person. Some sentences (see section 17) avoid recording a conviction.

Court Attendance Notice (CAN)

The document issued by police requiring a person to appear at court on a specified date.

Crimes Act 1900 (ACT)

The principal statute setting out criminal offences and procedure in the Australian Capital Territory.

D

Defence

A legal answer to a charge that, if accepted, results in acquittal or a lesser outcome. Examples include self-defence, duress, mental impairment, and claim of right.

Director of Public Prosecutions (DPP)

The office responsible for prosecuting indictable and serious summary offences in the ACT.

Disclosure

The prosecution's obligation to provide the defence with all relevant material, including material that may assist the defence.

Drug driving

Driving with a prescribed drug present in oral fluid, blood, or urine, contrary to the Road Transport (Alcohol and Drugs) Act 1977 (ACT).

Duress

A defence that the accused acted under threat of death or serious harm to themselves or another and a person of ordinary firmness would have acted similarly.

E

Evidence

Material put before the court to prove or disprove a fact, regulated in the ACT primarily by the Evidence Act 2011 (ACT).

Examination-in-chief

The initial questioning of a witness by the party that called them.

ERISP

Electronically Recorded Interview with a Suspected Person. The standard format for police interviews.

F

Family Violence Order (FVO)

A civil protection order made under the Family Violence Act 2016 (ACT) to protect a person from family violence.

Fine

A monetary penalty imposed by the court, often expressed in penalty units.

Forensic procedure

The taking of a sample (DNA, fingerprints, photograph) from a suspect, governed by the Crimes (Forensic Procedures) Act 2000 (ACT).

Fraud

Dishonestly obtaining property or financial advantage by deception. Principal offence under section 326 of the Criminal Code 2002 (ACT).

G

Grievous Bodily Harm (GBH)

Really serious bodily harm. Inflicting GBH is an offence under section 19 (intent) or section 20 (reckless) of the Crimes Act 1900 (ACT).

Good behaviour order

A sentence requiring the offender to be of good behaviour for a set period, often with conditions such as supervision or community service.

H

Hearsay

An out-of-court statement offered to prove the truth of its contents. Generally inadmissible unless an exception applies.

High Court of Australia

The final court of appeal in Australia. Special leave is required to appeal to the High Court.

I

Indictable offence

A serious offence triable on indictment in the Supreme Court (some can also be dealt with summarily in the Magistrates Court).

Intensive Correction Order (ICO)

A sentence of imprisonment served in the community subject to strict conditions, available under the Crimes (Sentencing) Act 2005 (ACT).

Indictment

The formal document containing the charges on which an accused is tried in the Supreme Court.

J

Joint commission

Criminal liability for an offence committed jointly with another, where each participant intends the offence to be committed.

Jury

Twelve members of the public who decide the verdict in a Supreme Court trial. In the ACT, an accused may elect a judge-alone trial in many cases.

K

Knowingly

A mental element of many offences requiring proof that the accused was aware of the relevant fact or circumstance.

L

Leave

Permission granted by the court, for example leave to appeal or leave to amend a charge.

Lesser offence

An alternative, lower-level offence on which the accused may be convicted if the elements of the principal charge are not made out.

M

Magistrate

The judicial officer who presides in the Magistrates Court, dealing with summary matters, bail, and committals.

Manslaughter

Unlawful killing without the intent required for murder. An offence under sections 15-19 of the Crimes Act 1900 (ACT).

Mention

A short court listing for procedural steps (entering a plea, adjournment, listing for hearing). Most matters have several mention dates before resolution.

Mitigating factors

Circumstances that reduce the seriousness of an offence or the offender's moral culpability, leading to a lower sentence.

Murder

Intentional or reckless killing of another person. An offence under section 12 of the Crimes Act 1900 (ACT), carrying a maximum of life imprisonment.

N

No case submission

A defence application at the close of the prosecution case arguing that the evidence is insufficient to allow conviction.

Non-conviction order

A sentence imposed without recording a conviction, available under section 17 of the Crimes (Sentencing) Act 2005 (ACT). Often the goal where reputation, licensing, or visa status is at stake.

O

Onus of proof

See Burden of proof.

P

Particulars

The details of a charge, including time, place, and the specific conduct alleged. The defence may demand further particulars.

PCA (Prescribed Concentration of Alcohol)

Drink driving offences are graded by alcohol concentration under the Road Transport (Alcohol and Drugs) Act 1977 (ACT): low range (0.05-0.079), mid range (0.08-0.149), and high range (0.15+).

Personal Protection Order (PPO)

A civil protection order made under the Personal Violence Act 2016 (ACT) to protect a person from personal violence outside the family context.

Plea

The accused's answer to the charge: guilty or not guilty. A plea of guilty entered early generally attracts a sentencing discount.

Pre-sentence report

A report prepared by ACT Corrective Services on the offender's background and suitability for community-based sentences such as an ICO.

Q

Quash

An order setting aside a conviction, sentence, or earlier order.

R

Recklessness

Awareness of a substantial risk that a result will follow or that a circumstance exists, and unjustifiable risk-taking. A common mental element in ACT offences.

Remand

Detention of an accused person in custody pending the determination of their matter, where bail has been refused.

Right to silence

The right not to answer police questions or give evidence. Exercising the right cannot be used as evidence of guilt.

S

Section 17

Section 17 of the Crimes (Sentencing) Act 2005 (ACT) permits a court to make a good behaviour order without recording a conviction. Frequently the desired outcome where preserving a clean record is critical.

Sexual assault

Non-consensual sexual contact. Offences in sections 51-54 of the Crimes Act 1900 (ACT) range from sexual assault to aggravated sexual assault, carrying penalties up to life imprisonment.

Subpoena

A court order requiring a person to attend court to give evidence or to produce documents.

Summary offence

A less serious offence dealt with finally in the Magistrates Court, without a jury.

Suspended sentence

A sentence of imprisonment that is not immediately served, provided the offender complies with conditions for a set period.

T

Theft

Dishonest appropriation of property belonging to another with the intention of permanently depriving them of it. An offence under section 308 of the Criminal Code 2002 (ACT).

Trial

The contested hearing at which the prosecution must prove its case to the criminal standard. May be jury or judge-alone.

U

Unlawful

Without legal justification or excuse. Many offences require the prosecution to prove the conduct was unlawful.

V

Verdict

The jury's or judge's decision on guilt at the conclusion of a trial.

Voir dire

A hearing within a hearing, conducted in the absence of the jury, to determine a question such as the admissibility of evidence.

W

Warrant

A court order authorising police to act, such as an arrest warrant or a search warrant.

Without prejudice

A protection that allows parties to exchange communications for settlement purposes without those communications being used against them later.

Need advice on your matter?

This glossary is general information only and is not legal advice. The right answer for your case depends on the specific facts, the charge, and the court. Speak with a Doyle's Recommended criminal defence lawyer at Andrew Byrnes Law Group for advice tailored to your circumstances.