Terminology for criminal law

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11 Terms

1

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.

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2

Offence

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

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3

Charge

A criminal accusation against any person.

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4

Charging Document

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

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5

Accused person

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

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6

Defendant

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

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7

Appellant

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

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8

Respondent

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

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9

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.

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10

Indictment

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

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11

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.

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