Canberra · Reference
ACT criminal law glossary.
The criminal courts use words that are rarely explained to the people they affect. Here are the ACT terms that matter, in plain English.
Courts and jurisdiction.
ACT Magistrates Court. The lower court. It hears summary offences, deals with bail, runs the committal stage of serious matters, and can deal with many indictable offences summarily. It sits in the city on Knowles Place.
ACT Supreme Court. The higher court. It tries serious indictable matters with a jury or, for some offences, a judge alone, and hears appeals from the Magistrates Court.
Court of Appeal. The Supreme Court constituted to hear appeals from Supreme Court trials, on conviction or sentence.
No District Court. Unlike New South Wales, the ACT has no intermediate court. Serious indictable trials go straight to the Supreme Court.
Summary offence. A less serious offence heard and finalised by a magistrate, without a jury. In the ACT an offence is generally summary if it carries two years or less.
Indictable offence. A more serious offence that can be tried in the Supreme Court. In the ACT an offence is generally indictable if it carries more than two years, unless the law says otherwise.
Charges and the early stages.
Brief of evidence. The material the prosecution relies on: witness statements, records, recordings and expert reports. Reading it in full is the foundation of the defence.
Bail. Release while a matter is dealt with, on conditions if needed. In the ACT it is governed by the Bail Act 1992, and the starting point depends on the charge.
Committal. The stage in the Magistrates Court that decides whether a serious matter goes to the Supreme Court for trial. In the ACT the court commits unless satisfied there is no reasonable prospect of conviction.
Election. A choice about how a matter is dealt with, for example whether an eligible indictable matter is dealt with summarily, or whether an accused elects a judge-alone trial.
Arraignment. The start of a trial, where the charge is read and the accused enters a plea of guilty or not guilty.
The trial.
Jury. Twelve people from the electoral roll who decide the facts at a Supreme Court trial. A trial can continue with as few as ten if jurors are discharged.
Judge-alone trial. A trial decided by a judge without a jury, available for many ACT offences if the accused elects under s 68B of the Supreme Court Act 1933. It is not available for the most serious offences or for Commonwealth charges.
Beyond reasonable doubt. The standard the prosecution must meet on every element of a charge. It is the highest standard in the law.
No case to answer. A submission at the close of the prosecution case that the evidence at its highest could not support a conviction. If it succeeds on a charge, that charge does not go to a verdict.
Unanimous and majority verdicts. A jury verdict is ordinarily unanimous. For an ACT territory offence a majority of eleven of twelve can be taken after at least six hours. A Commonwealth offence always requires a unanimous verdict.
Sentencing.
Non-conviction order. An outcome where a person is found guilty but no conviction is recorded, available in the right case under s 17 of the Crimes (Sentencing) Act 2005. It can protect employment, travel and a security clearance.
Good behaviour order. An undertaking to comply with conditions for a set period, which can include supervision, community service or a rehabilitation program.
Intensive correction order. A sentence of imprisonment served in the community under supervision, available for head sentences up to two years as of right, and up to four years on a discretionary basis.
Non-parole period. The minimum time that must be served in custody before parole can be considered.
Recognizance release order. A federal sentencing option under s 20 of the Crimes Act 1914 (Cth), releasing a person on a good behaviour undertaking, the federal analogue of a bond and of parole for shorter terms.
Imprisonment as a last resort. The ACT principle that a court imposes full-time imprisonment only where no other penalty is appropriate.
People and bodies.
ACT DPP. The Australian Capital Territory Director of Public Prosecutions, who prosecutes territory offences.
CDPP. The Commonwealth Director of Public Prosecutions, who prosecutes Commonwealth offences, including federal fraud and money laundering.
NACC. The National Anti-Corruption Commission, which investigates serious or systemic corruption involving Commonwealth public officials and can refer briefs to the CDPP.
ACIC. The Australian Criminal Intelligence Commission, whose examiners can conduct compulsory examinations.
Counsel. A barrister briefed to appear, often in a serious trial. Senior counsel is briefed where a matter calls for it.
Sub judice. The principle that limits public comment on a matter that is before the court, to protect a fair trial.
Frequently asked.
What is the difference between a summary and an indictable offence in the ACT?
A summary offence is less serious and is finalised by a magistrate. An indictable offence is more serious and can be tried in the Supreme Court. In the ACT the line is generally drawn at two years imprisonment.
What does committal mean?
It is the stage in the ACT Magistrates Court that decides whether a serious matter goes to the Supreme Court for trial. The court commits unless satisfied there is no reasonable prospect of conviction.
What is a non-parole period?
The minimum time a person must serve in custody before parole can be considered, set as part of a sentence of imprisonment.
What is a judge-alone trial?
A trial decided by a judge without a jury, available for many ACT offences if the accused elects under s 68B of the Supreme Court Act 1933. It is not available for the most serious offences or for Commonwealth charges.
Facing a matter and unsure what the terms mean?
A confidential first conference. The brief is read. The realistic options are set out. Speak to Aaron Kernaghan directly before you decide anything.
Request a confidential consult 0421 717 019