Term of the day
Caution
A warning police must give a suspect before questioning, informing them that they do not have to say anything but that what they do say may be used in evidence.
Criminal Defence
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GLOSSARY
Criminal law glossary.
Plain-English explanations of the legal terms you will encounter if charged with a criminal offence in Victoria. 50 terms, A to Z.
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- 50
- terms
- 16
- letters
- May 2026
- updated
A4 terms
- Actus reusThe physical element of a criminal offence; the conduct, act, or omission the prosecution must prove the accused actually carried out.
- Adjourned undertakingA sentence where the court adjourns proceedings for a period on conditions; if conditions are met, no further action is taken but a conviction is recorded.See alsodiversionconviction
- AdjournmentWhen a court postpones a hearing to a later date, either by agreement between the parties or on the court's own decision.
- Affirmative consentVictoria's model of consent in sexual offence law, under which a belief in consent is not reasonable unless the person said or did something to ascertain it.
B5 terms
- BailA court order allowing an accused person to remain out of custody while their matter is before the court, usually subject to conditions.See alsoremandsurety
- Balance of probabilitiesThe lower civil standard of proof, requiring that something is more likely true than not; relevant in criminal matters only for certain statutory defences.
- Beyond reasonable doubtThe standard of proof the prosecution must meet in criminal cases; the magistrate or jury must be sure of guilt before convicting.
- Breach of intervention orderA criminal charge laid when a person contravenes a condition of an intervention order, such as by contacting or approaching the protected person.See alsoconvictionbail
- Brief of evidenceThe package of prosecution materials, including statements and exhibits, given to the accused and their lawyer before the hearing.See alsodisclosurecommittal
C8 terms
- CautionA warning police must give a suspect before questioning, informing them that they do not have to say anything but that what they do say may be used in evidence.
- Coercive powersStatutory powers that allow a regulator to compel a person to answer questions, attend an examination, or produce documents during an investigation.
- CommittalA court process that tests whether there is sufficient prosecution evidence to send an indictable matter to the County or Supreme Court for trial.
- Community correction orderA sentence served in the community that can include supervision, unpaid community work, and treatment programs, as an alternative to imprisonment.See alsoconvictiondiversion
- Contested hearingA hearing where the accused pleads not guilty and the magistrate hears evidence from both sides before deciding guilt.
- ConvictionA formal finding by a court that the accused is guilty of the charge; it is recorded on the accused's criminal history and may affect employment and travel.See alsodiversionimprisonment
- Court of AppealThe division of the Supreme Court of Victoria that hears appeals against conviction and sentence from trials in the County Court and the Supreme Court.See alsoconvictionimprisonment
- Culpable driving causing deathA serious offence under the Crimes Act 1958 where a person causes the death of another by driving a vehicle culpably, including by gross negligence or while intoxicated.See alsomanslaughtermurder
D3 terms
- De novo appealAn appeal heard completely afresh. An appeal from the Magistrates' Court to the County Court is heard de novo: the County Court reaches its own decision.See alsoconviction
- DisclosureThe prosecution's legal obligation to provide the accused with all materials relevant to the charge, including material that may assist the defence.
- DiversionA program available in the Magistrates' Court that allows eligible first-time accused to complete conditions instead of being convicted, resulting in no criminal record.See alsoconviction
E2 terms
- Enforceable undertakingA formal, binding commitment a person or business gives a regulator to take specified action, sometimes accepted as an alternative to prosecution.See alsoconviction
- Exceptional circumstancesA threshold test for bail in the most serious matters. The accused must show that exceptional circumstances exist before the court goes on to consider granting bail.See alsobailremand
F3 terms
- Family violence safety noticeA notice issued by police at the scene of a family violence incident that imposes immediate conditions on the respondent before any court date.See alsobailremand
- First mentionThe initial court date after a charge is filed, where the accused enters the proceedings and the matter is given a future direction.See alsobailadjournment
- Full briefThe complete set of prosecution materials served on the accused before a contested hearing or committal, including all witness statements and exhibits.See alsodisclosurecommittal
I3 terms
- ImprisonmentA sentence where the court orders the accused to serve a period in a Victorian correctional facility, imposed for more serious offending.See alsoconvictionremand
- Indictable offenceA more serious criminal charge that begins in the Magistrates' Court but may be sent to the County or Supreme Court for trial or sentence.See alsocommittal
- Intervention orderA court order prohibiting a person from contacting or approaching another person, issued in response to family violence or personal safety concerns.
M4 terms
- ManslaughterAn unlawful killing that lacks the intent required for murder, for example a death caused by an unlawful and dangerous act or by criminal negligence.See alsomurder
- Mens reaThe mental element of a criminal offence; broadly, the guilty mind or intention the prosecution must prove the accused had when committing the act.
- Mention hearingA short court date where the case is listed so the court can check progress, set future dates, or receive a guilty plea.See alsoadjournment
- MurderThe most serious homicide offence: an unlawful killing committed with intent to kill or to cause really serious injury.See alsomanslaughter
P5 terms
- Plea hearingA hearing where the accused enters a guilty plea and the magistrate hears from both sides on sentence before deciding the outcome.See alsodiversionconviction
- PossessionA drug charge where the accused is alleged to have had a drug of dependence in their control or custody, without evidence of intent to supply.See alsotraffickingdiversion
- Possession with intent to trafficA charge that the accused possessed a drug of dependence with the intention of supplying it to others, carrying higher penalties than simple possession.See alsopossessiontrafficking
- Presumption of innocenceThe fundamental principle that every accused person is treated as innocent until the prosecution proves guilt beyond reasonable doubt.See alsoremand
- Privilege against self-incriminationA legal right that protects a person from being compelled to provide information or evidence that could be used to prosecute them.See alsocaution
R3 terms
- Record of interviewA recorded or written account of questions put to a suspect by police and the suspect's responses, which becomes part of the prosecution brief.See alsocaution
- RemandWhen a court orders an accused person to be held in custody while their matter continues, because bail was refused or not applied for.See alsobailsurety
- Right to silenceThe legal protection that allows a person suspected or charged with a crime to refuse to answer police questions without that silence being used against them.See alsocaution
S5 terms
- Sentence indicationA procedure where the accused asks the court to indicate what sentence it would likely impose if a guilty plea were entered, before formally pleading guilty.See alsodiversionconviction
- Sex Offenders RegisterA register maintained by Victoria Police. A person found guilty of certain sexual offences may be required to report personal details to police for a set period.See alsoconvictionimprisonment
- Strict liabilityAn offence the prosecution can prove without establishing intent or knowledge; common among regulatory and statutory offences.
- Summary offenceA less serious criminal charge heard and finalised entirely in the Magistrates' Court, without a jury.
- SuretyA person who agrees to pay a specified sum to the court if the accused fails to appear, as a condition of the accused being granted bail.See alsobailremand
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