You may often be unsure about the definition of criminal law terms.
Terms and phrases used by lawyers often are hard to understand and this is why we have listed a definition of criminal law terms. During your interaction with a criminal lawyer or throughout your experience with the Court process, you may come across some words that you haven't heard before or aren't sure of what they mean.
Following is an alphabetical list of criminal law terms and definitions that you may find useful.
Terms and phrases used by lawyers often are hard to understand and this is why we have listed a definition of criminal law terms. During your interaction with a criminal lawyer or throughout your experience with the Court process, you may come across some words that you haven't heard before or aren't sure of what they mean.
Following is an alphabetical list of criminal law terms and definitions that you may find useful.
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
- Abet - Usually used in a criminal context to mean assisting or arranging for someone to do something illegal. To abet is to assist.
- Abuse Of Process - Misuse or unjust use of court procedure, e.g. long delay in bringing an action may disadvantage a defendant. An abuse of process might be the Police destroying material that they knew would help the defence. Hiding documents would also be an Abuse of Process.
- Accessory - Person involved in helping to commit a crime but who is not present at the time of that crime. An accessory 'Before the fact' meaning prior to the crime. 'After the fact' meaning to be involved in the hiding or assisting the person/s who were at the involved at the scene of the crime.
- Accomplice - Person who is party to the crime or the people involved directly with the criminal act is an accomplice.
- Accused - Person alleged to have committed a crime.
- Actus Reus - The physical element of an offence.
- Acquit Or An Acquittal - A decision by a judge or jury that finds a defendant in a criminal case not guilty after a trial. An acquittal is not necessarily a finding of innocence, more a conclusion that the prosecution has not proved its case beyond a reasonable doubt.
- Adjourn - To move a court hearing to a future date.
- Adjournment Without Conviction - A sentencing order of a good behaviour bond. It means no conviction is recorded and the matter is adjourned so the defendant can show they can keep out of trouble.
- Admissible Evidence - Evidence received, or capable of being received, by a court for the purpose of proving a fact in issue that is not excluded by evidence law.
- Affidavit - A written document sworn on oath before a person with authority to administer it. The person in whose name the document is sworn is called the deponent.
- Affirmation - Instead of taking an oath, a witness may make a solemn declaration that the evidence he or she gives will be truthful if the witness has no religious belief.
- Age Of Consent - The age at which a young person can legally enter into a sexual relationship. Consent has a legal meaning that is different from the common understanding of the word. So while a 15 years old may consent to something in reality the law is that they can not consent, legally, because of their age.
- Aggravating Circumstance - A circumstance surrounding the commission of an offence, such as an offender being in possession of a weapon, that may result in a greater penalty for an offender.
- Alcohol Interlock - A breath-testing device wired to the ignition system of a vehicle that prevents a vehicle from starting unless the driver passes a breath test.
- Alibi - Defence to a criminal charge on the grounds that the accused was somewhere other than the scene of a crime when that crime was committed. An alibi witness is someone who can confirm that the accused was somewhere else. To run an alibi an alibi notice needs to be lodged in Court prior to the hearing.
- Alleged - Said to have happened, but not proved. Allegations are the stuff Court cases are built on.
- Ancillary Orders - Orders incidental to the main orders, for example, an injunction is an ancillary order.
- Appeal - An appeal involves the challenging of a decision made by a lower Court.
- Appellant - A person who appeals a decision of a court.
- Appellate Courts - Courts to which an appeal is made. Either County Court or Court of Appeal. Sometimes appeals are made on points of law to the Supreme Court.
- Applicant - Person who starts a case in a court. Applicants, appellants, respondents, defendants, etc., are generally called 'parties'.
- Arraignment - The indictment is read to the accused who is asked how she or he pleads to the count or counts contained in the indictment.
- Arrest - Arrest is the process by which someone is taken into custody.
- Assessment and Referral Court (ARC) List - A specialist court list run at the Melbourne Magistrates Court intended to meet the needs of accused persons who have a mental illness and/or a cognitive impairment by facilitating access to appropriate treatment and other support services.
- Attorney - An attorney is an American term for a Lawyer. Not used in Victoria.
- Bail - The right to be released from custody granted to an accused on the condition that he or she undertakes to return to the court at a specified time and to abide by any other conditions that the court may impose.
- Bail Application - The bail application is where evidence is presented and submissions are made about why a person should be released on bail.
- Bail Condition - A limitation placed upon the grant of bail to an accused person the breach of which can result in arrest and the forfeiture of bail money.
- Bail Justice - A person who is not a judge or magistrate but who has authority to grant or refuse bail, usually at a police station. Generally referred to as Remand Justices because they rarely oppose what the Police suggest should happen.
- Bar - The Bar is a term that refers to the lawyers who act only as Barristers.
- Barrister - A lawyer who presents cases in higher courts. Many Solicitors appear as Barristers.
- Bar Table - The table in the courtroom where the solicitors and/or barristers sit.
- Bench - The place in court where the judge sits.
- Beyond A Reasonable Doubt - Standard of proof needed to be able to be found guilty of a crime.
- Bond - An agreement to do or refrain from doing certain things, e.g. good behaviour bond.
- Brief for Counsel - Written summary by a solicitor of a client's case and all the relevant statements and documents that are given to the barrister.
- Burden Of Proof - The burden of proof is the obligation to prove what is alleged. In criminal cases, this obligation generally rests on the prosecution, which must prove its case beyond reasonable doubt. The burden sometimes shifts where the defendant raises particular defences.
- Case Conference - A Court appearance to determine whether the matter can resolve and to decide what parts of the brief (ie. statements) will be provided to the defence.Often, with preliminary briefs, the Police will not have taken a lot of statements, so it could mean they will have to go and obtain them. You can expect Prosecutors to attempt to stop people getting all statements and putting up objections to various witnesses.
- Case Law - The law based on decisions made by judges in previous cases; Principals which have been established by judges concerning particular cases which are used as reference for future determinations of similar cases.
- CCO (Community Corrections Order) - A CCO is a sentencing order, as an alternative to imprisonment, requiring a person to undertake unpaid or educational work under the supervision of the Office of Corrections.
- CDPP - Commonwealth Director of Public Prosecutions. Prosecutes Commonwealth charges.
- Character Reference - A character reference letter for Court will usually address issues important to a defendant's case, i.e. good work history, need for a driving licence, positive changes in a person's life. See our page for writing a character reference for courts.
- Character Witness - A person who appears in court to give a reference for an accused person.
- Committal Case Conference - Is a discussion which is held with the Magistrate, accused and prosecution as to whether a matter can resolve to appropriate charges.
- Committal Mention - A preliminary hearing prior to the full committal hearing to determine permission to cross-examine witnesses or discuss matters in dispute. A date for the committal hearing may be set and the Court may also hear and determine some charges if the accused pleads guilty.Committal mention hearings are where a discussion takes place as to whether a case will be going through a committal process or whether it will be resolving as a plea of guilty. There is often debate at these hearings about the witnesses that can be called at the committal hearing.
- Committal Proceedings - Where a Magistrates' Court hears evidence on an indictable charge and decides whether the accused should be sent for trial (also called a preliminary examination).
- Common Law - Case law developed in common courts based on decisions made in previous cases as distinct from legislation. This term is sometimes used to describe all case law or judge made law.
- Compensation Order - A court order that a person found guilty of a criminal offence must pay for loss or damage of property caused by the offence.
- Complainant - A complainant is generally used as a term to describe the person who alleges something has been done against them. So in a sexual assault case the person making the allegation is the Complainant.
- Complaint - Document giving a brief description of the facts outlining the reasons for a lawsuit.
- Confidential Communication - Protection against disclosure to an outside person of information revealed in a professional relationship, e.g. doctor/patient. Applications can be made to obtain confidential communications through sub poenas.
- Confiscation Proceedings - In many cases the Prosecution was start proceedings to seize the assets of the Accused before the case begins. These are known as Confiscation proceedings.
- Conflict Of Interest - A situation where a person's own interests, or a duty towards someone else, may affect the way they carry out a duty towards others. An example of a common conflict of interest is where a solicitor acts for more than one person whose instructions are different.
- Conspiracy - An agreement between persons to do an illegal act or to do a legal act but by illegal means. Conspiracies are very complex legally and are rarely run except in the County and Supreme Court.
- Contempt of court - Words or actions which interfere with the proper administration of justice or constitute a disregard for the authority of the court.
- Contested Committal - A contested committal hearing decides whether there is sufficient evidence for the case to continue on to the County or Supreme Court.
- Contest Mention - A step that is used to resolve matters that are going to be a contested hearing / plea of not guilty.A contest mention might result in a plea to only some of the charges or amendments to the facts alleged as part of the case.The prosecutor and your lawyer will discuss whether the matter can be resolved before you get into Court.Often the Magistrate will give a common sense evaluation of the strengths and weaknesses of the evidence against you and may give a sentence indication.
- Contested Hearing - A "Contested hearing" is also known as a "plea of not guilty". It is where the Prosecution attempt to prove that the accused did commit a crime or crimes.
- Convicted - To be found guilty of a criminal act or illegal act. A "conviction" is what you have if you have been convicted.
- Corroboration - Independent evidence which supports the main evidence. Corroboration might be proof that an accused's mobile phone sent an incriminating text just after the alleged crime.
- Counsel - A solicitor or barrister. The person who appears in Court for someone is often referred to as "Counsel".
- Court Integrated Services Program (CISP) - A program run at the Latrobe Valley, Melbourne and Sunshine Magistrates Courts intended to link accused persons to treatment and community support services.
- CREDIT/Bail Support Program - A Magistrates Court program intended to increase the likelihood of an accused being granted bail and successfully completing a bail period by linking them to accommodation and support services.
- Cross-examination - Questions asked of a witness who was not called by that party to give evidence
- Crown Prosecutor - Slang term for Legal representative of the State who runs a criminal proceedings against an accused. Crown Prosecutors are often referred to as "Crownies".
- CTO (Community Treatment Order) - Treatment of an involuntary patient by a medical practitioner in the community, not in a mental hospital.
- Cumulative Sentence - An order for a period of imprisonment to be served in addition to a previous sentence. So if a person is sentenced to 12 months on one crime with 6 months cumulative on another offence then they would serve 18 months.
- Custodial sentence - A custodial sentence is one that is spent in custody. So it is imprisonment.
- Custody - The legal confinement or imprisonment of a person. So a person who is arrested and held by the Police is said to be "in custody".
- Defence Response - Outlines in writing the Accused's Defence to the charges that they are facing. The accused is required to file and serve a response to the Prosecution opening in the County and Supreme Courts.
- Defendant - Person accused and charged with a criminal offence on trial in a court. A Defendant is also known as an accused.
- Depositions - The statements and transcripts of evidence that are provided before a hearing in the County or Supreme Court.
- Director of Public Prosecutions - The person, supported by the Office of Public Prosecutions (OPP), who is responsible for instituting, preparing and conducting serious criminal matters in the Supreme Court and County Court on behalf of the Crown.
- Disclosure - Revealing all relevant information.
- Discontinuance - where a matter is stopped. See "Nolle Prosequi".
- Discretion - The Court's ability to choose whether to, or whether not to, proceed with a decision. Some sentencing is purely about the discretion of the Judge.
- Dismissal - A court order dismissing a set of charges often before a trial begins. The Court can also dismiss charges after a finding of guilt in certain circumstances.
- Diversion - A process by which charges are dismissed to avoid any recording of a finding of guilt on a person's criminal history. Diversions are generally reserved for minor offences of first offenders.
- Drug Treatment Order - The court imposes a sentence of up to two years in prison but suspends the imprisonment while the offender undergoes treatment and supervision.
- Empanel A Jury - Empanelling is the process to pick the jury members at the start of a trial.
- Evidentiary - Is a term used in relation to evidence in a Court case.
- Examination In Chief - Questioning of a witness by the party who called the witness.
- Exceptional Circumstances - Exceptional circumstances is a legal threshold. Often applied to bail applications for certain offences and breaches of suspended sentence, it is a term for which there is a lot of case law. In essence, circumstances must be fairly extraordinary to amount to exceptional circumstances.
- Ex Gratia - Without legal obligation. So an ex gratia payment might be one made after a person is held wrongly in custody.
- Exhibit - A document or thing shown to a witness when giving evidence, produced for inspection to the court or referred to in an affidavit.
- Ex Parte Hearing - An application to a court made in the absence of the one party.
- Ex Parte Order - An order made by the court on behalf of one party without hearing and/or prior notification to the other party involved.
- Ex Post Facto - Retrospectively. After the event has occurred.
- Filing Hearing - The first Court appearance of a matter that will be going through a committal hearing. The Court will then set dates for the provision of the hand hand up brief to be served on your lawyers and the date of the committal mention.
- Final Directions Hearing - The final directions hearing in the County Court or Supreme Court is generally heard about a month before the trial. The aim of the final directions is for the County Court or Supreme Court Judge to make sure that the Crown Opening and the Defence response have been filed and there is nothing that will stand in the way of the trial going ahead.
- Forensic Procedure - Examination of the body of a person suspected of having committed an offence, or the taking of certain body samples.
- Form 32 - A Form 32 tells the Court what is happening with your case in a committal proceedings.If the case is being contested, your lawyer will file a Form 32 before the committal mention. It will inform the prosecutors what witnesses you want to call at the actual committal. You can also ask for other documents to be provided in that document as well.If the case is being dealt with as a plea of guilty you still need to file a Form 32, explaining that and the basis on which the plea of guilty is being made.There are time limits on filing a Form 32 and it is very important to comply with the time-lines.
- Freedom Of Information - The right of any person to have access to documents held by government agencies, except those exempted by legislation. A Freedom of Information request is used to access hospital records for example. Generally in criminal matters a subpoena is used rather than an FOI request.
- Guilty Plea - A guilty plea is where your circumstances and the context of the offending are put before the Magistrate or Judge. It is after this process that an accused will be given their sentence or penalty.
- Hand Up Brief - A Hand Up brief is prepared in more serious cases that are heard in the County or Supreme Courts. They contain the charges, a summary of evidence and statements and other evidence on which the prosecution proposes to rely.
- Hearing - Same as a contested hearing or trial. When the case is heard in Court.
- Hung Jury - A jury that cannot agree or come to a final verdict. Normally what follows from a hung jury is a re-trial of the case.
- ICO (Intensive Correction Order) - Used to be a sentence with very strict conditions attached. ICOs have been abolished in Victoria.
- Identification Material - Material such as finger-prints, voice recordings, handwriting samples or photographs collected by police to help identify a person suspected of committing an offence.
- Identification Parade - A police "line up" held so a witness to an offence can try to identify a suspect among other people of similar appearance. See our blog article on ID parades.
- Immunity - Exemption from penalties normally applicable. In criminal cases, the Prosecution can give people immunity from facing charges depending on the importance and weight of the evidence that they would provide for the prosecution.
- Inadmissible - Not allowed, i.e. not able to be used as evidence in a court case. The criminal process is surrounded by rules to try to achieve a fair outcome. Often there is material that is inadmissible because, for example, it would favour one side too much but is not really relevant.
- Incriminate - Evidence that tends to indicate that an accused is involved in a crime.
- Indictable Offence - A serious crime which is triable before a judge and jury. The more serious crimes are indictable and must be heard in the Higher Courts.
- Indictment - The document that lists the charges against the accused in County or Supreme Court proceedings.
- Informant - Generally the Police Officer who has charged the Accused. A person who lays an information, i.e. a criminal charge. Usually a police officer.
- Infringement Notice - Notice showing that an offence (usually a driving offence) has been committed and the penalty to be paid (an "on the spot fine").
- Interlocutory Appeal - An appeal that is heard in the Court of Appeal during or before a trial. The aim being to avoid unnecessary hearing or subsequent appeals.
- Intervention Order - A Court order restraining a person from harmful or annoying conduct.
- ITP (Independent Third Person) - An impartial person required to support and assist a person with an intellectual disability, mental illness, brain injury or dementia during questioning by police.
- Judgment - An oral or written statement by a judge as to a decision reached in regard to a cause tried or argued before the court or tribunal, setting out the sentence that an accused will receive and detailing the reasons upon which the decision is based.
- Judicial Discretion - The right of a judge to make a choice, eg. in punishment.
- Judicial Review - Review by the Supreme Court of a decision on the basis of fault in the decision making process.
- Jurisdiction - Jurisdiction decides which Court a case will be heard in.
- Jurisprudence - The philosophy or science of law; a system of laws.
- Juror - A person who serves on a jury. They make the decision of fact in a Court case heard in the County or Supreme Court.
- Jury - A group selected from the general public who apply the law, as stated by the judge, to the facts of a case and decide the verdict. Traditionally, a jury is made up of 12 people. Sometimes bigger juries are selected when there is potentially a long or difficult trial.
- Justice Of The Peace - A community member whose duties include administering oaths, take statutory declarations and affirmations.
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- Leading question - A question to a witness that suggests a particular answer or assumes the existence of a disputed fact. Generally, a leading question must not be put to a witness during examination in chief or re-examination.
- Legal Privilege - Legal privilege is the concept that your discussions with your lawyers can not be used against you in Court. There are exceptions to this rule.
- Magistrate - A judge who sits only in the Magistrates' Court. This is the equivalent of a Local Court or Court of summary jurisdiction
- Means Test - Assessment of income and assets to see if a person qualifies for financial assistance by Victorian Legal Aid.
- Memorandum - An informal written document.
- Mens Rea - The mental component of criminal liability.
- Mention - Where a matter is "mentioned" in Court. It is where the matter is not formally listed for a plea of guilty or a plea of not guilty.
- Nolle Prosequi - Latin meaning 'we will no longer prosecute'.
- Non-custodial Sentence - A sentence for a criminal offence which does not involve imprisonment.
- Non-parole Period - The minimum term a prisoner must serve before being eligible for parole.
- Notary Public - A licensed public officer who can administers oaths, certify documents and perform other specified functions. A notary public's signature and seal is required to authenticate the signatures on many legal documents.
- Notice To Appear - A notice to appear is given to an accused at the time of the alleged offending. It will nominate a date in the future that the accused will have to turn up at Court. It may turn out that the charges are not proceeded with but the accused will have to appear (unless notified otherwise) or else risk having a warrant issued for their arrest and detention.
- Onus Of Proof - Burden of proof. That is who is obliged to prove that something happened.
- Own Undertaking - (Release on bail) without having to deposit money as a security for a later appearance in court.
- Paralegal - A researcher or assistant to a lawyer who has some legal skills but no legal qualifications.
- Parole - To release a prisoner from a part of his or her sentence after serving a minimum term, providing some certain conditions are met. If the person breaches their parole conditions are not met the prisoner must return to prison and serve out the rest of the sentence.
- Pecuniary Penalty - A pecuniary penalty is one that is added to the other penalties because of specific legislation.
- Penalty - A punishment imposed by a Court.
- Peremptory Challenge - The right of the defendants and the plaintiffs lawyers to object in a jury trial to a number of prospective jurors but for no given reason.
- Perjury - Making a false statement under oath in a judicial proceeding while knowing that the statement is false or not believing it to be true.
- Perpetrator - Person who committed the offence.
- Plea - Defendants answer to the charges brought against him or her. So either a person pleads guilty or pleads not guilty.
- Plea Bargaining - A negotiation in a criminal case between the prosecutor and defence lawyer usually to decrease the type or number of charges or to amend the summary of facts in exchange for a guilty plea.
- Pleadings - Written formal statements made by the defendant and the plaintiff in which they state the facts in the case as they see them.
- Police Brief - The evidence the police prosecutor relies on to prove the guilt of a person charged with a criminal offence. It contains statements of witnesses and a summary of the facts as the Police allege them.
- Precedent - The concept that a legal principle or form decided in an earlier instance, or case, should be used in a subsequent one.
- Prejudicial - In deciding whether to admit evidence, a judge or magistrate must consider whether the admission of such evidence would be unfairly prejudicial to an accused.
- Preliminary Brief - A preliminary brief is one that has a summary of what the Police say occurred and a list of potential statements. The traditional brief has been one which includes an actual copy of all the statements on which the Police seek to rely.
- Presentence Report - A report, usually prepared by the Department of Human Services, for the court to consider before sentencing a young person.
- Prima Facie Case - (Prima facie is Latin for 'at first sight' or 'on first consideration.') A prima facie case is one that needs to be responded to as there is, on the face of it, sufficient evidence to convict an accused.
- Probative Value - The extent to which evidence could help decide a fact in issue.
- Prosecute - To pursue a person through Court proceedings.
- Prosecution - Prosecution can refer to the person or organization presenting evidence against the accused. It can also mean the case itself.
- Prosecutor - Lawyers who acts for Government against the Defence.
- Queens Counsel - A senior barrister who has been recognised by the Bar for being outstanding in their field. Also known as Senior Counsel.
- Recent Complaint - Recent complaint witnesses are generally in sex cases and are the person the complainant is alleged to have discussed the allegations with.
- Recognisance - A promise made to a court to do something.
- Re-examination - Further questioning of a witness by the party who called the witness after cross-examination of the witness has been completed.
- Registrar - A judicial officer of the court who exercises both judicial and administrative functions.
- Respondent - A person against whom has to respond to something ie. a person who is defending an appeal.
- Restitution - An order to pay back the amount of loss that has occurred because of the commission of a Crime.
- Restraining Order - Generally an order by the courts to stop someone from disposing of their assets pending a criminal trial.
- Self Incrimination - The privilege against self incrimination means the right (with certain limitations) not to do or say anything which might later be used as evidence against you.
- Senior Counsel - Very senior and expert Barrister, also known as Queen's Counsel.
- Senior Junior - Barrister who is not at Senior Counsel level but very close.
- Sentencing / Sentence Hearing - Usually a Magistrate will sentence on the same day as the plea is heard. A Judge will often adjourn the matter for a sentencing hearing on a further date.
- Serious Injury - Is generally a combination of injuries or self-evidently serious. A cut and bruising could be classed as a serious injury.
- Serve Documents - To deliver documents to another party in a criminal proceeding.
- Sex Offender Registry - A listing of people convicted of certain sexual offences. The Registry comes with very onerous and difficult reporting conditions.
- Sheriff - An officer of the court responsible primarily for enforcement of court orders.
- Show Cause - A reversed onus of proof which applies to bail applications for some offences. So the accused has to "show cause" why they should be released".
- Solicitor - A lawyer who generally conducts and handles legal matters and gives legal advice.
- Special Hearing - A special hearing is where the evidence of a complainant in a sexual offence case has their evidence recorded.
- Special Mention - Where a case is called on to discuss some issue that has arisen. Sometimes, special mentions are listed to confirm that funding is in place for the trial or contested hearing.
- Statute - A law made by Parliament (state or Commonwealth).
- Statute of Limitations - Law which requires a criminal prosecution or a lawsuit to be started within a certain time period if it is to be able to be taken in and heard by a court.
- Statutory - A law passed by Federal or State Parliament.
- Statutory Defence - A ground for defence included in a particular law which would prevent a person from being found guilty of an offence under the law.
- Statutory Rule - The generic name for all types of delegated legislation.
- Subpoena - A subpoena compels a person to testify and/or to produce documents in court. A subpoena is an order of the court if disobeyed this would amount to a contempt of court.
- Subpoena Hearing - Where a debate about the validity of a subpoena occurs.
- Substantiation - Providing evidence to prove that an event took place, e.g. an expense was incurred.
- Summary Offence - A more minor offence heard and decided in a Magistrates' Court and not sent for trial before a judge and jury.
- Summons - A document which is issued by the court requiring the attendance of the person named in the summons at court on a specified date.
- Sunset Clause - A provision in an Act of Parliament that a particular provision of the Act or the Act itself will be repealed after a certain date unless further legislative action is taken to extend it.
- Surety - A surety refers to the amount that is put up to release a person on bail. It is also used as the term for the person who puts up the surety. If there is a default, the surety will be liable and generally put up the amount of the surety.
- Suspended Sentence - A sentence of imprisonment which is only served if the convicted person commits further offences. They may be partially or wholly suspended. The Government is in the process of abolishing them due to a wilful blindness to the usefulness of them in the sentencing process.
- Tender - To present evidence to the court for acceptance or rejection.
- Trial - Where the case against the accused is put before a jury of twelve people who decide on the facts of the case.
- Undertaking - An undertaking is a promise to the Court by anyone involved in the proceedings.
- Verdict - The final decision made by a jury.
- Victim Impact Statement - A statement to the court by the victim of a crime setting out details of injury.
- Voir Dire - A voir dire is a preliminary hearing in relation to evidence. An example being that a Judge wants to decide on whether something is admissible and so they may have evidence called to determine that issue.
- Warrant - A warrant is an authorisation to carry out a specific act. There are many forms such as a warrant of arrest or apprehension, a search warrant or a a warrant of commitment (directing that a person be arrested and imprisoned).
- Witness - A person who will evidence in a case of their knowledge about a relevant fact in issue. The process a witness goes through is referred to as "giving evidence".
- Writ - A written order issued by a court commanding the person to whom it is directed to do or refrain from doing a specified act.
- Written Case - A document filed at Court listing the basis of an appeal and the case law relied on.
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