criminal trial process

appeal

an application to have a higher court review a decision of a lower court

court hierarchy

the system of courts within a jurisdiction, from lower courts

to intermediate and higher courts

original jurisdiction

the authority for a court to hear a matter for the first time

appellate jurisdiction

the authority for a court to review matters on appeal from

another court

committal proceedings

proceedings in which a magistrate determines if there is

enough evidence for a case to proceed to trial in a higher court

magistrate

a judicial officer in the Local Court; in New South Wales,

magistrates are appointed by the Governor

coroner

a judicial officer appointed to investigate deaths in unusual

circumstances

coronial inquest

a court hearing conducted by a coroner to help determine

the manner and cause of death

adversary system

a system of law where two opposing sides present their

cases to an impartial judge or jury

inquisitorial system

a system of law where two sides present their cases to a

judge who directs the cases and can call for particular

evidence

police prosecutor

a NSW Police Force officer trained in prosecution; usually

prosecutes summary offences

public prosecutor

a legal practitioner employed by the Director of Public

Prosecutions; usually prosecutes indictable offences

public defender

a public barrister who can appear for an accused

in a serious criminal matter where legal aid has been

granted

legal aid

a subsidised legal service provided by the state for those

on low incomes

plea

a formal statement of guilt or innocence by the accused

charge negotiation

an agreement between the Director of Public Prosecutions

and the accused that involves the acceptance of a guilty

plea, usually in exchange for something else

burden of proof

in criminal matters, the responsibility of the prosecution is to

prove the case against the accused

standard of proof

the level of proof required for a party to succeed in court

beyond reasonable doubt

the standard of proof required in a criminal case for a person

to be found guilty

acquittal

a judgment that a person is not guilty of the crime of which

they have been charged

mental illness or insanity

mental incapacitation at the time of the act, meaning the

accused cannot have formed the mens rea at the time of

the offence

involuntary behaviour or automatism

an act that cannot be controlled or is not voluntary, such as

an epileptic fit

mistake

the defendant acted under an honest and reasonable

mistake and thus could not have formed the mens rea

self-defence or necessity

the defendant acted in defence of self, another or property;

only accepted in limited circumstances and only for

reasonable force

duress

coercion or pressure used by one party to influence

another party

consent

it is a complete defence for some crimes if the accused can

show the victim freely consented to the act in question

provocation

the defence where the defendant claims that their actions

were a direct result of another person’s actions, which

caused them to lose control of their own actions

diminished responsibility

substantial impairment of responsibility, this defence is used when the accused is suffering from a mental impairment

peremptory challenge

when the legal team rejects a juror without needing to

provide a specific reason

challenge for cause

when the legal team rejects a juror because they believe that

for some reason the juror will be prejudiced