Arrest Warrant: A document ordered by the court which instructs the police to arrest you to ensure you attend court.

Attendance Notice: This is like a summons. The police may give you an Attendance Notice which will require you to attend court.

Appeal: If you think that your sentence was too tough, or that another court outcome was wrong, you can appeal. This means that another court will consider your concern.

Bail: If you get Bail, you will be released from custody. If Bail is refused, you will remain in the watchhouse or a detention centre.

Barrister: A barrister is like a solicitor. Your solicitor may employ a barrister to help with your case.

Breach: If you fail to complete a sentence or any part of the sentence, they will be in breach of the order and you may be required to return to court.

Brief: A file containing witness statements. Details of the charges and other relevant documents.

Committal Hearing: This court process examines all the evidence available and determines if there is a case to answer. From here the case may be committed to a district court for trial.

Conditional Bail Program: If a court believes Bail is not appropriate, they may consider Conditional Bail if a suitable program exists. The young person will be required to attend the program as part of their Bail.

Counsel: Your Counsel will be the Solicitor or Barrister representing you.

Defendant: This is the person who has been charged.

Ex Officio: This is a process which allows your case to skip the Committal Hearing and go directly to the District court.

Hand-up Committal: If your solicitor does not wish to examine any witnesses at the Committal Hearing, they will accept the witness' statements being handed up to the Magistrate without further examination.

In Camera: This means that the court case is not open to the public.

Nolle Prosequi: The prosecution may enter Nolle Prosequi if they decide not to proceed with the charges. The charges will then be dropped.

Magistrate: The Magistrate is like a Judge and sits in the Magistrate's Court. A Judge will sit in the higher Courts.

Plea: You will make a plea when you say to a court that you are Guilty or Not Guilty.

Prima Facie Case: This means that a magistrate has decided that there is enough evidence to continue with the case.

Police Records: as well as the court records, the Police keep records of all offences, even if they do not go to court (eg cautions).

Police Prosecutor: In a Magistrates Court, the police will present the charge against you and the evidence they have.

Public Prosecutor: Like a Police Prosecutor, the Public Prosecutor may present your case to the court. However they are solicitors acting for the Crown (government), they are not police.

Record of Interview: If you spoke to the Police about the charges, they will have recorded the interview which will be used as evidence.

Remand: This means that your court case has been adjourned or set for another day and you will be put on remand.

Seven Year Offence: If an adult could receive a jail term for seven years or more for an offence, then the offence is said to be a ‘seven year offence‘(even if a young person would not get a detention sentence).

Subpoena: This is a Court order for a person to attend Court (witnesses may be subpoenaed to attend Court).

Summary Hearing: A court process for non serious offences which may be heard before a magistrate. These cases will not go to District court.

Stand Down: If a court wishes to deal with the case later in the day, it will be stood down until later that day.

Voir Dire: This is a process which tests the evidence or other legal arguments before the trial begins.

Warrant: See Arrest Warrant.

Disclaimer

The information contained in this site is only relevant to people in Queensland, Australia. The information contained in this publication should not be regarded as a substitute for professional advice and no responsibility is accepted for any errors or omissions or any loss or damage resulting from reliance on this. The information in this site should only be used as a guide to the law and workers should also consider personal ethics and organisational policy prior to taking action.

Click here to return to Youth Legal general topics.