Terminology for criminal law

Crime

There is no current definition in the Crimes Act; previously defined as any offence for which the offender may be proceeded against by indictment.

Offence

A violation or breach of a law, custom or rule, including a public wrong or crime.

Charge

A criminal accusation against any person.

Charging Document

The paper on which is entered the charge intended to be brought before a District Court Judge.

Accused person

A person formally charged with conduct in respect of which a penalty may be imposed.

Defendant

A person charged with an offence; formally advised of the intention to commence a prosecution and the particulars of the proposed charge.

Appellant

The party complaining in an appeal to a superior court of an injustice or error committed by an inferior court.

Respondent

The other party in an appeal to a superior court against the appellant.

Summary Offence

Less serious offences that can be dealt with in a summary or immediate way by a judicial officer, mainly set out in the Summary Offences Act 1981.

Indictment

A written accusation that a person has committed a certain crime or indictable offence.

Indictable Offence

Formally named for more serious offences that can or must be tried by a more formal process than by summary process, abolished by the Criminal Procedure Act 2011.