Glossary
Legal language can be confusing. Here are plain-language explanations of the terms that come up most often in criminal and traffic law matters.
26 terms, grouped by area. If you need something explained that is not here, call Tony directly on +61 2 6492 4035.
Apprehended Domestic Violence Order. A court order that restricts what a person can do around the person who applied for it. ADVOs are commonly made alongside criminal charges in domestic violence matters. Breaching an ADVO is a criminal offence.
Permission to remain in the community (rather than in custody) while criminal proceedings are ongoing. Bail can be granted by police or a court and usually comes with conditions. Being refused bail means remaining in custody until the matter is resolved.
A formal allegation that a person has committed a criminal offence. Being charged does not mean being found guilty. The prosecution must prove the charge beyond reasonable doubt at a hearing or trial before any conviction can be recorded.
A more serious category of criminal offence that is tried before a judge (and sometimes a jury) in the District or Supreme Court. Indictable offences include murder, manslaughter, serious assault, major drug trafficking, and fraud. Some indictable offences can be dealt with summarily in the Local Court if both sides agree.
Being held in custody while criminal proceedings are ongoing, after bail has been refused or not applied for. A person on remand is detained in a correctional centre until their matter is heard or bail is granted. Time spent on remand is usually taken into account in sentencing.
The legal right of a person suspected or charged with an offence to refuse to answer police questions without legal advice, without that refusal being used against them as evidence of guilt. In NSW, exercising the right to silence is often the most important step a person can take in the early stages of a police investigation.
A less serious category of criminal offence dealt with entirely by a magistrate in the Local Court, without a jury. Examples include common assault, minor drug possession, and most traffic offences. Summary offences carry lower maximum penalties than indictable offences.
The package of prosecution material disclosed to the defence. It includes police statements, interview records, CCTV footage, expert reports, and any other material the prosecution intends to rely on. Reviewing the brief is how a lawyer assesses the strength of the case against you.
The process by which a serious indictable matter is transferred from the Local Court to the District Court or Supreme Court for trial or sentence. The Local Court reviews the prosecution evidence and, if it is sufficient, commits the matter to a higher court.
The intermediate court in NSW. It hears serious indictable criminal matters committed up from the Local Court, including assault, drug supply, and fraud cases, as well as appeals from Local Court convictions. District Court matters may be heard before a judge alone or a judge and jury.
The court event where a contested matter is decided. At a hearing, the prosecution presents its evidence, the defence may challenge it and present its own evidence, and the magistrate or judge determines whether the charge is proven. In the Local Court, hearings are before a magistrate without a jury.
The entry-level court in NSW, presided over by a magistrate (not a jury). The Local Court hears all summary criminal matters and less serious indictable offences, as well as conducting committal proceedings for matters to be sent to higher courts. Most criminal and traffic matters begin and are finalised in the Local Court.
A judicial officer who presides over the Local Court. Magistrates hear and determine summary offences, conduct committal hearings for indictable matters, and hear appeals from certain administrative decisions. There is no jury in the Local Court.
A brief court appearance, usually the first after a charge is laid. At a mention, the charge is noted, the next steps are arranged (often requesting the brief of evidence), and the matter is adjourned. No evidence is heard and no determination is made at a mention; it is a procedural step.
A formal response to a charge in court, either guilty or not guilty. Entering a guilty plea means accepting the charge and proceeding to sentencing. A not guilty plea means the matter proceeds to a contested hearing or trial where the prosecution must prove the offence. An early guilty plea attracts a sentencing discount.
Points added to a driver's licence record when a traffic offence is committed. When the total reaches the threshold for the licence class, the licence is automatically suspended. Unrestricted licence holders have a threshold of 13 points; P1 and P2 licence holders have lower thresholds.
A court-imposed period during which a person is prohibited from holding a driver's licence. Disqualification is imposed on conviction for serious traffic offences and carries mandatory minimum periods for drink driving offences. Driving while disqualified is a further criminal offence.
An alternative to accepting a demerit-point suspension. Instead of a suspension period, the driver elects to drive on a reduced points threshold for 12 months. If a further offence is incurred during that period, the licence is suspended immediately for twice the original period.
A temporary removal of the right to drive, imposed either automatically by Transport for NSW (for demerit points or certain on-the-spot offences) or by a court order. Unlike disqualification, administrative suspension does not go through the courts; it is an automatic consequence of reaching the demerit threshold.
The legal limit for blood alcohol content when driving. NSW law sets different PCA ranges (low, mid, and high), each carrying progressively more serious penalties. Exceeding the PCA is the basis for drink driving charges. The full zero limit applies to learner, P1, and P2 licence holders.
A sentencing option in NSW that allows a court to release an offender without imposing a harsher penalty, subject to conditions such as good behaviour. A CRO can be made with or without a conviction being recorded.
A formal finding that a person is guilty of a criminal offence, recorded on their criminal history. Not every guilty finding results in a conviction being recorded; a Section 10 dismissal or a Conditional Release Order without conviction avoids this. Convictions can affect employment, professional licences, and working with children checks.
A dismissal of charges under section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW), which allows a court to find an offence proven but decline to record a conviction. A section 10 dismissal (or conditional release order without conviction) avoids a criminal record. It is not automatic and depends on the court being satisfied it is appropriate given the circumstances.
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