Abduction: 劫持, 绑架; 诱拐
The action or an instance of forcibly taking a person or persons away against their will.
1. The wrongful taking or detaining of someone against that person’s will, for a specific purpose or with a specific intention.
2. The unlawful removal and detention of a child in order to deprive the parent, or another person who has lawful care of the child, of custody of the child.
Abet: 教唆; 唆使; 怂恿; 帮助 (犯罪)
Encourage or assist someone to do something wrong, in particular, to commit a crime or other offence.
Knowingly to encourage, assist or participate in the criminal act of someone else, who is called a principal or principal offender.
To go away and evade the jurisdiction of the court.
To leave a jurisdiction to avoid arrest or prosecution. The concept of absconding often arises in relation to legislation dealing with proceeds of crime.
Absolute liability: (刑法) 绝对责任, (侵权法) 绝对责任, 无过失责任
Legal responsibility for a breach of law, not dependent on any particular state of mind, and for which no defence is available except act of God. （“Act of God”这里指不可抗力因素）
A common law term, normally refers to a person who assists a principal offender in the commission of an offence.
Before the fact: Any person who helped in any way for another to commit a crime.
During the fact: A person who encourages or incites another to commit an offence at the scene of the crime is an accessory at the fact or a principal in the second degree.
After the fact: A person who aids or helps another who has already committed a crime.
A person who did not personally commit the offence, but assisted the offender by acting in concert, counselling or procuring or aiding and abetting the principal offender.
1. A verbal or written statement by one person that another person has committed a crime.
2. The crime with which a person has been charged.
A person whom the State has charged with having committed an offence, normally on indictment and must appear in the superior courts (Supreme Court or County Court); compared to that in some jurisdictions, a person charged with a summary offence is called “defendant”.
Access Order: 探视令
An order by the Family Court (also Federal Circuit Court) which enables a parent without custody of a child of the marriage to see the child at specified times or times agreed by the parents.
Act (of Parliament): （议会通过并得到总督签署的）议会立法、法律
A law made by Parliament and assented by the Crown.
To find an accused “not guilty” after trial; to discharge that person from criminal charges.
To discharge from prosecution after a finding of not guilty. A formal finding that an accused is not guilty of a charge.
A term used to describe most types of civil law proceedings.
Adduced evidence: 引证证据
Evidence brought forward in argument in court hearings to prove or disprove a fact in issue. To be admissible evidence must be adduced in compliance with the applicable law, relevant to a fact in issue, and comply with the other rules governing the admission of evidence.
To postpone a court hearing to a future specified day or a date to be fixed in the future.
Adjourn sine die 无限期休庭
To decide in a judicial manner to listen to the evidence, determine the facts and apply the appropriate law, and to hand down a decision.
The determination of the rights and liabilities in dispute between two or more parties by the final imposition of a decision or judgment of a court of law, tribunal, or a person otherwise sitting in judgment.
Admissible Evidence: 可采纳的证据；允许在法庭上呈堂的证据
Information which a court will permit to enter the hearing to determine a fact in issue, and not subject to exclusion.
In relation to evidence, the quality of being capable of being received by a court or tribunal and not subject to exclusion.
Admissible witness: （法庭）允许（作证）的证人
Adult Parole Board: （成人）假释裁决委员会
The body which decides on parole.
Adversary System: （诉讼）对抗制
The legal process in which the contesting parties present evidence in support of their claims to an independent judge for decision and any penalty/remedy.
(Of a trial or legal procedure) in which the parties in a dispute have the responsibility for finding and presenting evidence.
Equality between prosecution and defence is essential in an adversarial system of justice. Compare with inquisitorial.
Affected family member: 受害家属
A person who needs protecting from family violence.
Affected person: （受非法监视或跟踪的）受害人
A person who needs protecting from stalking or unlawful surveillance.
A written document sworn on Oath or affirmed before a person with authority to administer the Oath or affirmation; the person in whose name the document is sworn or affirmed is called the deponent. The contents of the statement may be used to support certain legal applications or as a substitute for oral testimony in court proceedings.
Affiliation Order: 亲父鉴定令、亲子确认令
An order requiring the father of a child, who is not married to the mother of that child, to make a contribution towards the mother’s child bearing expenses, or towards the maintenance of the child.
Affiliation Proceedings regarding maintenance: 非婚生子女抚养费诉讼
A Family Court order which requires the person it believes to be the father of child pay maintenance to the mother for the support of the child until he or she reaches the age of 16.
Affirm: 不以宗教宣誓作证 (非宗教形式发誓作证)
To be allowed to give evidence without taking the oath, either on the ground that taking the oath is contrary to a person’s religious belief or the person has no religious belief.
An instance of group fighting in a public place that disturbs the public peace or order.
Aforethought: 故意的, 预谋的
A special form of the intention to kill or harm, which is held to distinguish manslaughter from murder
Premeditation; a premeditated thought. Most typically used at common law in the expression ‘malice aforethought’. Proof that an unlawful killing was committed with malice aforethought meant that the crime was murder, not manslaughter.
Age of consent: 法定（结婚）年龄或法定（可以同意进行性交的）年龄
The age at which a person’s, typically a girl’s, consent to sexual intercourse in valid in law.
1. The age at which persons may marry without parental approval. In Australia, the age is 18 years.
2. For the purpose of State/Territory criminal laws, the age at which a person may lawfully consent to having sexual intercourse. In Victorian, it is 16 years.
Alias: 别名, 化名
A false name; an assumed name. Often used with the implication that the assumption of an alternative name is for criminal purposes.
A defence by an accused person that they were elsewhere at the time the offence with which they are charged was committed; an evidence that proves one was elsewhere.
Alcohol interlock: (汽车上安装的)酒精测量仪
A device that is fitted to your vehicle’s ignition and measures your breath for alcohol If the alcohol interlock detects alcohol, the car will not start.
When someone accuses another person of having done something.
A verbal or written statement of fact or facts.
1. An assertion or accusation that a particular person has committed a criminal offence or an element of a criminal offence.
2. The whole of an accuser’s evidence.
Amendment (Amending Act): 修正案（法律的修正案）
An Act of Parliament altering or changing (amending) another Act.
Ancillary Relief: 附加补偿；附属救助，附加救济
Subsidiary; supplementary or extra, e.g. ancillary relief in family law relates to custody, maintenance, access and property between the parties as opposed to “principal relief”.
To put an end to, cancel, render void in law.
Formal police document for recording the history, method of committing the crime, associates and places frequented by people charged with offences.
In criminal law, the background and prior convictions of an offender are considered for the purposes of sentencing.
A formal request by a person dissatisfied with a court’s decision to a higher court to review the original decision or rehear the case; the actual hearing of the appeal.
A person who appeals to a higher court against a lower court’s decision.
A person who applies to a court or tribunal for an order, decision or finding.
1. The act of arresting any person who is, has, or is reasonably suspected of being about to commit an offence.
2. Fear of an immediate and unlawful violence that a person through words or deeds causes in another.
Making a thing the property of a person.
1. The act of taking the property of another, either lawfully or unlawfully.
2. The act of transferring property.
Arbitral decision: 仲裁决定
An award made by an arbitrator after hearing both sides of a case. The decision is binding, usually in building cases.
Arraign: 传讯刑事被告; 提审
To call a defendant, read the charges (presentment) in the indictment and ask them to plead (i.e., guilty or not guilty).
To seize a person or property by legal authority or warrant. In criminal law, the seizure or touching of a person’s body with a view to his or her restraint. Words are also capable of brininging about arrest if they are calculated to bring, and do bring, to a person’s notice that he or she is under compulsion and the person thereafter submits to the compulsion. To effect an arrest there must be a physical act restraining the person to be arrested or a submission by the person to the arrest. At common law the purpose of an arrest is to take the person before a justice and that remains the purpose of an arrest even though there may be a power to detain for questioning.* (LexisNexis: Concise Australian Legal Dictionary 5th ed)
A person who has been or is being legally arrested.
The offence of wilfully and unlawfully setting fire to property.
Assault: 侵犯人身；殴打；行凶；伤害；施暴, 袭击
An unlawful physical attack upon another; an attempt or offer to do violence to another, with or without a battery.
Apprehension of a person and the restraint of his liberties, for the purpose of laying criminal charges.
Rare word: the detachment, movement, or carrying away of property, considered an essential component of the crime of larceny.
Taking and carrying away property. It is an element of the offence of larceny or stealing. The taking must amount to a trespass against the person in possession of the property.
Attendance Centre Order: （青少年罪犯）管教令
One of the “diversionary programmes” It involves a person in 6 hours a week of self-development and 9 hours (often Saturday) of closely supervised unpaid community work. This programme is an alternative sentence to prison.
Attorney General: 律政部长；总检察长
The chief law officer of a government and the minister responsible for the administration of justice.
Attempting a crime: 企图犯罪, 犯罪未遂, 未遂罪
Doing an act with intent to commit a crime and forming part of a series of acts which would constitute its actual commission if it were not interrupted.
Autopsy: 尸体解剖, 验尸
A medical examination performed on a deceased person to determine the cause of death.
(Verbal autopsy: 死因推断)
(An Inference of Death: 死因推断)
The release by police or a court of a person held in custody awaiting a court hearing. The person is released on the condition that he/she appears at a specified time and place for a hearing of the charge against him/her, with or without payment of sureties.
A person to whom the possession of goods is entrusted by the owner but not with the intention of transferring the ownership. A person in possession of goods or other tangible personal property belonging to another.
An officer of the Court who serves summonses or other documents and executes judgments. An officer appointed to serve court processes, make arrests and execute court process.
1. The imaginary line which divides the bench and the seats where solicitors and barristers take their place in court from the rest of the court room.
2. The entire membership of barristers; hence to be a member of or to practice at the Bar is to be a barrister.。
A lawyer (a member of the Bar) who specialises in representing clients in court.
A lawyer engaged by a solicitor to advise him/her or to represent his/her client in court. In courts higher than a Magistrates’ Court a barrister usually wears a wig and gown.
A class of legal practitioner who is, by law or custom, limited to advocacy and advisory work, in any field of the law.
The seat on which the judge or magistrate used to sit in court. The term is now used to describe the collective profession of judges and magistrates.
(give the) Benefit of the doubt: 疑中留情; 虽有疑问, 但姑且相信
A concession that a person or statement must be regarded as correct or justified, if the contrary has not been proven.
For example, “I’ll give you the benefit of the doubt as to whether it was deliberate or not.”
Beyond reasonable doubt: 超出合理质疑
The standard of proof required in criminal cases. Almost certain proof needed to convict a person in a criminal case.
The onus of proof borne by the prosecution in a criminal proceeding both at common law and under the uniform evidence legislation. A reasonable doubt is a doubt which the particular fact finder entertains in the circumstances.
Bias: 偏见, 偏心
Prejudice, to reach a decision on the basis of pre-conceived ideas before listening to both sides’ evidence.
A lack of disinterestedness.
A legislative proposal which becomes law and is called an Act once passed by both Houses of Parliament and given Royal assent.
A formal acknowledgement of a debt, a common example of which is a recognisance.
Colloquially, a sum of money to guarantee payment of a debt or performance of an obligation. It is a form of specialty debt, being evidenced in writing in the form of a deed.
A formal acknowledgement, made by a person to a court, which binds that person in refraining from actions or activities for the period of the bond (known as recognizance of good behaviour). It may require the performance of actions or activities.
Good behaviour bond: 良好行为保证
A good behaviour bond is an order from a magistrate that a person be of ‘good behaviour’ for a specified amount of time, with or without other conditions. The bonds allow an offender to be released into the community rather than serve time in jail.
Good behaviour bonds in Victoria are also known as Adjourned Undertakings and the law that deals with them is the Sentencing Act 1991. They require the defendant to comply with certain conditions for a specified period.
Booze Bus: 流动测醉警车
A mobile station with personnel and equipment specific to the testing of drivers to determine whether they are under the influence of alcohol.
The breaking of a legal duty. The invasion of a legal right, the infraction of a law of the violation of a legal obligation.
Breach of the peace: 扰乱治安; 妨碍治安罪
There is a breach of the peace whenever harm is actually done or likely be done to a person or, in his presence, his property, or a person is in fear of being harmed through an assault, affray or riot.
Conduct that threatens to create civil unrest or disturbance. Conduct that offends another person and that might result in an outbreak of violence constitutes a breach of the peace.
Instrument used to analyse a sample of breath in order to determine a person’s blood alcohol content.
This refers to the prepared combination of statements, charge sheets, records of interview, etc., which ultimately form the basis of evidence to be presented at court by either party. Also refers to the set of papers given to a barrister retained to appear, advise, or draft documents in a matter. The brief comprises observations by the instructing solicitor who has retained the barrister together with all important documents relating to the matter.
Burden of Proof: 举证责任
The responsibility or onus of proving a fact. Under the common law adversarial system, the duty of one party (usually the party bringing the proceedings) to make out the case against the other party and to prove to the court that the case has been established.
By-laws: 地方法规, 内部规章
Laws made by local government. A subsidiary rule, regulating conduct.
1. Words used to formally advise criminal suspects of their civil right to speak or remain silent. A warning issued to a suspected person that anything he or she says may be used in evidence against him or her. The caution reminds an accused of his or her right to silence.
2. A warning given in certain jurisdictions to a juvenile offender as an alternative to prosecution.
Caution Card: 告诫卡
The card used by police to give caution.
Challenge (vior prio): 要求….回避
The accused has the right to object to a person being a juror in a civil or criminal proceeding. He is entitled to challenge 8 potential jurors before having to show cause.
1. The formal accusation that a person has committed a crime.。
2. An explanation of the law by a judge to a jury after the jury had heard the evidence and before it has decided which evidence to accept
3. To take control of a person or property.
4. A right (security interest) held by one person, such as a lender, over the property of another person, such as a borrower, to secure a liability or debt.
Children’s Court: 儿童法院
(a special Magistrates’ Court)
The children’s Court hears criminal offences committed by young people under the age of 17.
It does not hear homicide cases (murder, manslaughter and attempted murder). These cases are heard in the Supreme Court.
It also hears proceedings for wardship, guardianship, etc., concerning the welfare of the child in its upbringing.
Circumstances (Aggravating/mitigating/extenuating): 情节、情状、情形（加重/减轻/辩解）
Aggravating –acts which increase the severity of an offence.
Mitigating – acts which lessen the severity of an offence.
Extenuating – acts which seek to explain or justify the conduct of an offender.
Circumstantial Evidence: 环境证据；情况证据；间接证据；旁证
Evidence which is not the direct testimony of a person who witnessed an event, but which is relevant and enables the event to be inferred from the circumstances.
The reference to a reported case, gives the year, the volume of the law reports and page number.
A committee within each prison that is responsible for making decisions about security rating and placement of prisoners within the prison system.
Clerk of Court: 法庭书记官
An officer of a court who prepares the list of cases to be heard by a magistrate or judge, keeps records of his decisions and assists him in court. The clerk also has a number of other duties, e.g. undertaking legal research, liaising with legal practitioners etc.
A person who engages a solicitor or barrister for legal advice or representation. A client usually cannot approach a barrister directly, but must first consult a solicitor who will engage a barrister for him/her.
A person receiving information from police members in the street, in relation to crime trends, suspects or people in certain locations. This information is processed by the collator and is made available to all members of the police force.
Collator’s inquiry: 资料整理者的调查
Inquiry by the collator in order to gather information with regard to crime trends, suspects,etc.
Arrangement by two people to do some act to injure another person or deceive a court.
1. carry out or perpetrate (a mistake, crime, or immoral act);
2. pledge or bind (a person or an organization) to a certain course or policy;
3. send, entrust, or consign, in particular.
Committal Proceedings: （在初级法院）交付上一级法院审判前之初审（交付审判程序）
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) at the County Court or Supreme Court.
A hearing to determine whether there is sufficient evidence to warrant the person charged with an offence being required to stand trial or whether the person should be committed for sentence. The proceedings are held before a magistrate or a judge and are in respect of an indictable offence which cannot, or will not, be dealt with summarily.
Common Law (Case law): 普通法（判例法）
The system of law originating in England as distinct from the civil or Roman law and the canon or ecclesiastical law.
The law developed by the courts when deciding disputes between people. It is not written down in a code, but is handed from generation to generation through the record of judges’ decisions on particular cases.
After white settlement of Australia, this law became part of the Australian law and developed its character within the framework of Australia’s own legal system.
Community Based Order (Community Correction Order) 社区管教令
An order made by a court pursuant to the Penalties and Sentences Act 1985 whereby a person is released subject to the supervision of the Office of Corrections. The order allows flexibility in the type of service which may be asked of convicted person. A court may avail itself of any of these options when sentencing.
2. Educational programmes.
Community based work.
Community Service Order: 社区服务令(社区教化令)
One of the “diversionary programmes” of the “Corrective Services”. The programme requires less intensive supervision of the offender, of his/her unpaid community work between 20 and 360 hours, to be completed in 12 months. The offender is not allowed to serve more than 20 hours per week on this programme. The programme is an alternative sentence to a short imprisonment or may be given to offenders as a lesser sentence.
Competence and Compellability: 合格与强制
All persons are, as a general rule, competent as witnesses and may be compelled to give evidence and their attendance at court may be enforced by witness summonses or subpoenas. An accused, however, cannot be compelled to give evidence against himself, and husbands and wives are not compelled to give evidence against each other.
1. A person who brings a complaint against another to a competent decision-maker, e.g. tribunal, ombudsman etc.
2. A person who commences criminal proceedings by laying a complaint.
Concurrent criminal proceedings: 并行刑事审讯
More than one criminal charge against 2 or more accused heard in the court.
Different criminal proceedings involving common parties and causes of action that are running simultaneously before different courts.
Concurrent sentences: 并行判刑
The sentences for each individual offence are served at the same time in prison or on a community based order.
A sentence that is served at the same time as another sentence. Although the court has power to order sentences to be served concurrently or cumulatively, generally a sentence is to be served concurrently unless the court orders otherwise.
Contempt of Court: 藐视法庭
The failure to obey a court order or an act which shows a disregard for the authority of the court or judge. A person held in contempt may face imprisonment.
Words or actions which interfere with the proper administration of justice or constitute a disregard for the authority of the court.
Contentious: 诉讼的, 有争议的
Controversy, in a struggle with each other.
That which awaits or depends on the happening of an event. An event or circumstance which may or may not happen, or which is conditional on something uncertain; a limitation on a person’s estate or interest which is not certain to occur.
A judicial officer in a special Magistrates’ level Court which investigates sudden, unexpected and/or violent death, e.g. where there has been a suspected murder, death in fires, plane crashes, etc.
A public official statutorily appointed to inquire into the manner and cause of examinable deaths, and of fires and explosions which damage property.
Coroner’s court: 验尸法庭; 死因裁判法庭
A special Magistrates’ Court which investigates sudden, unexpected and/or violent death, eg., where there has been a suspected murder, death in fires, plane crashes etc., conducting an inquest or inquiry into the cause of death to determine whether any other person has contributed in some way to the person’s death.
Corpus Delicti: 犯罪事实; 犯罪客体；（谋杀案里的）尸体
The facts that constitute a criminal offence. The wrongful acts that constitute the crime. The material object in connection with which a wrongful act is alleged; or more particularly, the body in a case of murder.
Independent evidence which supports the main evidence. Additional evidence that supports already existing evidence. At common law certain forms of evidence, such as that of children or sexual assault complainants, were viewed as inherently weak and could not provide the basis for a conviction unless corroborated.
A finding that an accused is guilty of the crime charged. 判定被告罪名成立
The complete orders made by a court after finding an accused person guilty of an offence including both the finding of guilt and the sentence passed as a consequence.
District Court: 地区法院，中级法院
Local Court: 地方法院（只存在于新南威尔士州和北领地）
相当于其他各州/领地的Magistrates’ Court, 不过称呼法官为Judge，而非Magistrates。
County court: 中级法院; 地区法院 （只存在于维多利亚州）
The county Court is an intermediate court. It has jurisdiction to hear civil proceedings where the claim does not exceed $100,000 and all other claims – up to limit of $50,000 e.g., damage of property, breach of contract, etc. It has jurisdiction to hear and determine most indictable offences except: murder, attempted murder, treason, concealing treason and offences specified to be tried only in the Supreme Court. It has criminal jurisdiction to hear most indictable offences, with a Judge sitting with a Jury of twelve. A single judge also has jurisdiction to hear appeals from a Magistrates’ Court and the Children’s Court.
Courier of drugs (Crime): 运毒者(刑事)
A person either knowingly or unknowingly transports illegal drugs usually from one country to another.
1. The place where disputes between people are decided by applying the law.。
2. The person (judge or magistrate) or persons (more than one judge; a judge and jury) who decide disputes between people by (a) accepting or rejecting evidence; (b) applying the law; and (c) deciding upon a penalty or remedy.
Crime Report: 犯罪记录
Report for police use to record and distribute details of a reported crime.
Criminal Law: 刑法
Laws which regulate the conduct of individuals towards the whole of society, the breach of which will be investigated by the state (the police). The alleged offender is prosecuted in a court on behalf of the state and, if the court decides that the law has been broken, the offender is punished.
When the barrister for one party asks questions of a witness called to give evidence for the other party.
The most common way of presenting evidence is by testimony of a witness. After the witness swears or affirms to tell the truth, he/she is examined by the barrister representing the party who called him/her to give evidence. The examination is called examination-in-chief and the evidence, evidence-in-chief. He/She is then cross-examined by the barrister representing the other party in an attempt to challenge the accuracy of his/her evidence. The first barrister may then re-examine the witness to clarify any points raised during cross-examination.
The position or office of the sovereign (king or queen) as distinct from the current occupant of that position In Australia the Crown is represented by the Governor-General at the Commonwealth level and the Governor at the State level.
Crown Prosecutor: 刑事检控官，公诉人
A barrister who is engaged to prosecute criminal cases on behalf of the Crown. There are Federal and State/Territory Office of Public Prosecutions, and the positions of Director of Public Prosecutions. Individual or group barristers are engaged by OPP or DPP to take position of Crown Prosecutors on behalf of the Crown. Criminal cases engaging OPP or DPP are generally indictable charges trialed at intermediate or above court level (in Victoria, County Court or Supreme Court).
Cumulative Sentences: 累积刑罚
The sentences served one after the other in prison or on a community based order, not concurrently.
A punishment or term of imprisonment which commences at the expiration of another punishment or term of imprisonment rather than running concurrently.
Arguments used when fighting a case. Action in resistance to another party’s attack.
Defence Counsel: 辩护律师
Also called defendant’s barrister, solicitor or legal representative. He/she conducts the defendant’s case in court.
A person against whom an action, information or other civil proceeding is brought; also a person being charged with a misdemeanour or minor offence.
The person who swears or affirms an affidavit。
A statement on oath of a witness in a judicial proceeding which is taken down in writing.
Deterrence: 制止, 威慑
A factor taken into account by a Court when sentencing an offender to discourage the repetition of similar acts either by the offender or by others.
Discretion: 酌情权, 自由决定权
A court’s right to exercise personal judgment. The power or authority of a decision-maker to choose between alternatives, or to choose no alternative. Discretion is usually confined by the statute which describes the ambit of decision-making power.
Disqualification of a person to drive: 取消驾驶资格
Where a person does not have a licence or their previous licence has been cancelled, that person is disqualified from driving for a period of time.
Diversion program: 分流计划, 转向计划
The Criminal Justice Diversion Program provides mainly first time offenders with the opportunity to avoid a criminal record by undertaking conditions that benefit the offender, victim and the community as a whole.
The enclosure in court in which the accused is placed during his trial.
Double Jeopardy: 一罪不受两处审理原则; 双重危险处境
Principle that a person cannot be tried for a crime for which they have already been acquitted or convicted.
Placing an accused person in peril of being convicted of the same crime in respect of the same conduct on more than one occasion. At common law, there is a rule against a person being placed in double jeopardy.
Drink and drive: 酒后驾车
To drive under the influence of intoxicating liquor or of a drug.
To compel a person to perform an act against their own will–with either by physical assault on their person, or someone else.
Conduct by which one person applies pressure or undue persuasion on another, to induce that person to do something or refrain from doing something. Duress may take the form of constraint by injury, confinement, or threats.
Duty lawyer services: 当值律师服务（法院值班律师服务）
Usually provided by the Legal Aid Commission of Victoria. A lawyer is present at court to represent and advise people (usually in criminal matters) free of charge in pleas of guilty and bail applications.
Duty Solicitor: 值班律师
A solicitor rostered to attend a court in order to advise or represent persons without legal representation who are due to appear in court that day.
When a worker receives property/money for their employer and converts it for their own use.
Empanelling of Jury: 选任陪审员
The process of selecting a jury where the judge’s associate selects a card from a box containing names from the jury pool, reads the name of the potential juror, and if not challenged by he accused or asked to stand aside by the Crown the juror then takes his seat in the jury box.
Evidence in Chief: 首要证据
Initial evidence given by a witness before any cross-examination etc.
Examination (In chief/cross/re-): 询问
第一次询问 In chief: when a solicitor /barrister ask questions of a witness called to give evidence for their own client.
交叉询问 Cross: When a solicitor/barrister asks questions of a witness called to give evidence for the other party.
再次询问 Re: Examination (Questions) after cross examination of a witness by a party for whom they were called related to matters arising out of cross examination.
Anything which is allowed by a court to be presented to it by one of the parties involved in the case before the court to prove a fact upon which their case relies. It may be verbal or written and it may or may not be accepted by the court as proof.
Admission of evidence is controlled by the laws of evidence and rules of court.
Ex Gratia: 作为优惠的；出自恩惠
As a matter of favour. An act done when there is no obligation.
Ex Parte: 单方面的，片面的
Of the one part. An application made ex parte is made by one party only (i.e. in the absence of the other party) or may be made by an interested person who is not a party.
Exhibit: 物证, 人证
A document or thing produced for the inspection of the court or shown to a witness.
Expert witness: 专家证人
A person called to give expert evidence during a court case, eg., a doctor, surgeon, handwriting expert.
Expiation: 抵罪, 赎罪
The act of making amends or reparation for guilt or wrongdoing; atonement.
Anyone who uses his/her position to take property/money which is not due from another.
Demanding specific property with menaces, or force, and with the intention to steal the property.
Legal Process, where a person accused of a criminal offence in one jurisdiction (eg.,State) and who has come into another jurisdiction (State) is surrendered by authorities from he second jurisdiction to authorities where the criminal offence occurred.
The delivery up of a person who has allegedly committed a crime in one country, by the authorities of another country in whose territory that person has taken refuge, to the authorities of the country in which the alleged crime was committed.
False imprisonment： 非法监禁
The illegal confinement of one individual against his or her will by another individual in such a manner as to violate the confined individual’s right to be free from restraint of movement.
Traditionally, the most serious offences such as murder, manslaughter, rape and treason were called felonies. Less serious offences were called misdemeanours. The introduction of the Crime (Classifications of Offences) At 1981 abolished these terms. The most serious offences are now known as Serious Indictable offences and the lesser offences are known as Indictable Offences and Summary Offences. Although the term has been abolished by statute, lawyers are sometimes in the habit of referring to serious indictable offences as felonies.
The relationship of one person to another, where the first person is bound to exercise rights and powers in good faith for the benefit of the other. A person who holds a position of trust –banker, solicitor, etc.
A person who is under an obligation to act in another’s interest to the exclusion of the fiduciary’s own interest. A fiduciary cannot use his or her position, knowledge or opportunity to the fiduciary’s own advantage, or have a personal interest in, or inconsistent engagement with, a third party, unless fully informed and free consent is given.
Fingerprints are the characteristic patterns of a person’s fingers, which are used as means of identification.
(being) Found guilty (or plead guilty) without conviction: 当事人认罪但法庭不定罪
After a plea of guilty is entered or if there is a finding of guilt following evidence being called, the magistrate or judge will then proceed to sentence the offender. The sentence handed down will either be made with conviction or without conviction. A sentence made without conviction is a good result.
Guilty, with No Conviction – Here’s what it means
Directing that the charge against the person be dismissed (Section 10(1)(a)). Discharging the person on the condition that that person enter into a good behaviour bond not exceeding two years (Section 10(1)(b)).
What is the difference between being found guilty and being convicted?
What is the Difference Between Being “Charged” and Being “Convicted”? … A person charged with a crime is, by law, Innocent. Being convicted of a crime means that the person has plead guilty or has been found guilty after trial. A person convicted of a crime is, by law, Guilty.
Forensic Evidence: 法医证据；刑事司法证据；刑事证据
Expert evidence given based on applying medical knowledge to the purposes of criminal laws by taking of biological samples such as body fluids, fingerprints, identification of drugs.
Forensic Medicine: 法医学；刑事医学
Science of applying medical knowledge to the purposes of law.
Legal process where a person loses a legal entitlement, eg, property.
Any dishonest/deceptive conduct Can be either civil (fraudulent misrepresentation) or criminal (obtain property by deception).
To play any game of chance or games of mixed chance and skill.
Escape prison/police lock up with or without violence (criminal offence).
Good behaviour bond: 良好行为保证（保证守法）
In criminal cases, as a sentence, a court can release an offender on the condition that they promise to be of good behaviour for a period of time.
Governor’s court: 监狱裁判组
An internal panel constituted to hear charges relating to minor offences committed whilst in prison.
Grounds of Review： 复议（复审）的根据, 理由
The recognised bases upon which an administrative decision, conduct in the making of the decision, or failure to make a decision may be subject to review. (ADJRA ss5 &6)
Plead guilty; plead not guilty: （刑事上）认罪；不认罪
Guilty Plea: （刑事）认罪的声明
A formal acknowledgement of legal responsibility made by an accused in answer to a charge read to him or her in court. A court is entitled to act upon a plea of guilty if it is entered in open court by a person who is of full age and apparently of sound mind and understanding, provided the plea is entered in the exercise of a free choice in the interests of the person entering the plea, and no further proof of guilt is required.
“to have the body”. A court document (a prerogative writ) directed to a person who holds someone in custody commanding him to produce that person before a court.
An out-of-court statement tendered to prove the truth of the facts asserted. In the uniform evidence law, evidence of a previous representation made by a person otherwise than in the course of giving evidence in the proceedings, adduced to prove the existence of a fact that the person intended to assert by the representation.
hearsay evidence: 传闻证据（指证人听旁人传说的证言）
A statement of fact made by one person to another and repeated by that other person in an attempt to prove that fact. As a general rule, a court will not allow a hearsay statement to be used as proof of fact. (“Hearsay evidence is not admissible.”)
Hearing: 听审, 庭审; 审理；听证会
Filing hearing: 立案庭审
Mention hearing: 程序性庭审, 提审, 程序性审理，提讯, 过堂,
Direction hearing: （法庭指导）方向性庭审
Contested hearing: 抗辩庭审
Contest mention: 程序性抗辩庭审
Plea Hearing: 认罪（或不认罪）听审
Ex Parte Hearing: 缺席庭审；单方出庭庭审
Committal Hearing (相当于Preliminary hearing): 预审
Committal Mention: 程序性预审, 程序性提讯
Re-hearing Application: 申请重新庭审
Summary Hearing: 即决罪庭审, 简易罪庭审
High Court: 澳大利亚最高法院
The High Court of Australia is the highest Australian court in the court hierarchy. It is the only court competent to resolve constitutional issues. It has original jurisdiction to try certain cases under Commonwealth statutes and appellate jurisdiction to hear appeals from State Supreme Courts.
Hit and Run: 撞人逃走（交通肇事逃逸）
Motor vehicle accident – usually where a person is injured or killed and the driver of the car does not stop to render assistance or give name/ address, etc.
Killing of a person by another Manslaughter, murder, infanticide are all a category of homicide.
Hostile Witness: 有敌意的证人
A witness whose mind discloses a bias adverse to the party examining them, and who may, with the leave of the court, be cross-examined by the Counsel calling them.
I.D. parades: 排队辨认嫌疑犯程序（指包括嫌疑犯在内的面貌及体形近似的一群人，由受害人或证人辨认谁是嫌疑犯）
The conduct of a formal identification parade.
Immunity from prosecution: 豁免起诉
Usually an agreement by the Crown not to prosecute a person for a criminal offence in return for giving evidence.
An exemption from liability for prosecution for a criminal offence given by the Attorney-General or the Director of Public Prosecutions, normally on condition that the person being granted the immunity gives evidence on behalf of the Crown.
The inference from acts done or facts ascertained of the existence or state of things which may or may not exist in fact, but may be presumed by law to exist.
To involve oneself or another in responsibility for a criminal offence.
Informant: 控告者，罪行告发人，检举人, 办案警官
1. A person who lays information in respect of a criminal charge and commences a criminal prosecution as a result.
2. Someone who gives information voluntarily, as opposed to someone who only gives information when requested by police or when called as a witness.
Indictable Offence: 可公诉罪行，可诉罪，公诉罪
A serious crime which is triable before a judge and jury.
Indictment: 刑事起诉书, 公诉状, 检控书
A document listing the charges in criminal proceedings which becomes a record of the court.
Information presented or filed, as provided by law, for the prosecution of an offence. A written charge preferred against an accused person in order to the person’s trial before some court other than justices exercising summary jurisdiction.
A court order which either directs someone to do something or refrain from doing a particular thing. An injunction may be interim (operative until further order) or perpetual.
Infringement: 违反法规; 侵犯权利 — 通常对于违反民事或行政法规而言
Interference with or violation of the right of another. Generally to those in breach of civil or administrative laws.
Inquisitorial System (Process): 法官审问式诉讼制度，纠问制
A legal system based on the court taking an active an positive role in the conduct of the case to be presented to it, or already before it, including the obtaining of evidence, by questioning by the judge.
The system operates in such countries as France and Germany, where all or most of the law is contained in a written document, or a number of them, called a code. The inquisitorial system is contrasted to the Common Law system in which the court plays a much more passive role and the development and presentation of the case is left mainly to the parties involved in it.
Inquest: 审问, 验尸, 法庭审理
An inquiry held by a coroner into the death of a person to determine the cause of death.
Interim Order: 临时命令，暂时命令
A temporary order made by a court until it reaches a final decision.
Interlocutory order: 中间命令；审间裁定
An interlocutory order leaves something further to be done by parties to determine the final outcome.
Intimidation: 胁迫, 恐吓
Can be the use of violence or threats to person to compel them to do or not to do something.
In relation to a witness in judicial proceedings, intimidation includes threatening, restraining, using violence or inflicting an injury upon, causing punishment, damage, or disadvantage to the witness.
Inquiry; to search into or examine into the particulars of a crime.
The person who presides during a court case in all courts except the Magistrates’ Court. A judge must be impartial. The judge has a number of functions depending upon the nature of the court case. However, in every case he/she must ensure that the case is conducted according to the law, particularly the laws of evidence. All judges are lawyers.
Judgment: 判决，裁决, 判决书，裁定
1. The actual decision or decisions of a court, e.g. that there was a contract between A and B.
2. The reasons (which may or may not be in writing) given by a court for reaching its decision.
3. The determination of a court in legal proceedings; or Any order of the court for the payment of an amount of money or costs or otherwise.* (LexisNexis: Concise Australian Legal Dictionary 5th ed)
Judgment in/by default (default judgment): 缺席判决
Where a judgment is entered into for the plaintiff in the absence of a defence.
Judicial Review: 司法重审, 司法复议，司法复审
Review by a court is called judicial review. It tests the legality of the decision and whether the official had power to make it, and made it fairly, without error of law or failure to consider something relevant. It doesn’t re-decide the matter on its merits.
The determination by courts of the legality of exercises of power by administrative decision-makers. Judicial review is confined to a review of questions of legality and does not extend to review of the merits of administrative action. * (LexisNexis: Concise Australian Legal Dictionary 5th ed)
The authority of a court to decide matters brought before it. Jurisdiction may be limited by geographic area, the type of parties who appear, the type of relief that can be sought, and the point to be decided.
Generally, the scope of the power of a court or administrative decision-maker or tribunal to examine and determine facts, interpret and apply the law, make orders and, in the case of a court, to declare judgment.* (LexisNexis: Concise Australian Legal Dictionary 5th ed) 也就是说，行政机关和类似法院的裁判庭等也有自己的管辖范围和管辖区域。
Jurisprudence: 法学, 法理学; 法律哲学
The study of Law, theory of law.
A member of a jury.
Jury Pool: 候选陪审员,进入挑选名单的陪审员名录
A number of people selected at random from the community, 12 of whom are selected to hear evidence of a particular case in criminal proceedings (usually 6 in civil proceedings).
A body of people (jurors) selected from the community to listen to the evidence in a court case and decide which of the facts in the case have been proved by the evidence and give a verdict on those facts.
Justice of the Peace: 太平绅士
A Justice of the Peace is appointed in an honorary capacity with authority to exercise particular judicial functions, such as to issue warrants for search and arrest, to admit prisoners to bail and to witness certain documents.
Justification: 认为正当; 正当的理由; 证明为合适
The plea in defence of an action which admits the allegations of the plaintiff but pleads that they were justifiable or lawful.
A young person, a youth, normally refers to a teenager (13-18YO), can also cover child of the age between 8 and 13.
Juvenile’s Court 少年法庭 = Children’s Court 儿童法庭
The obsession to steal.
A person who has graduated from a university studying the law. Before a lawyer may act for or advise clients (“practise”), he/she must be admitted to practice as a barrister or solicitor by the Supreme Court. Such lawyer must also apply for a practising certificate from the legal service board or similar regulators before they can actually be allowed to practise.
The recording of the preliminary questioning of suspects, as distinct from a formal record of interview.
Lead-up evidence: (审讯前) 勘探或书面证据
Relating to events prior to the interview of the suspect.
Leading question: 诱导性问题
A question which directly or indirectly suggests to a witness the answer they are to give. Generally, leading questions are allowed in cross-examination, but not in examination-in-chief.
In court proceedings, a question to a witness that directly or indirectly suggests a particular answer, or that assumes the existence of a disputed fact, in relation to which the witness has not given evidence before the question is asked.* (LexisNexis: Concise Australian Legal Dictionary 5th ed)
Legal Aid: 法律援助
Assistance in various forms given to persons according to a scale based on income and capital for the purpose of legal proceedings in practically all courts.
Legal Proceeding: 法律程序，司法程序
The actions taken to have a court enforce the law or a right protected by the law. The proceedings begin when the party seeking to enforce the law has the necessary documents issued by the relevant court and end when a judgment (including an appeal) is given by the appropriate court.
Legal Standing: 法定诉能，法定诉权，法律诉因
Standing Law and Legal Definition. Standing is the ability of a party to bring a lawsuit in court based upon their stake in the outcome. A party seeking to demonstrate standing must be able to show the court sufficient connection to and harm from the law or action challenged.*[Standing Law and Legal Definition | USLegal, Inc. (https://definitions.uslegal.com/s/standing/)]
Legal System: 法律制度、司法制度
The machinery of the law that makes the law operate and apply. The system includes the courts and the people who work in them, judges, juries, magistrates, parliament, politicians, lawyers and the bodies that train and regulate them, the police, law reform agencies, lobby groups- anything or anybody who has a say in the development of our laws and their application to the community.
Laws, being Acts which have been passed (or made) by Parliament.
Leniency (crime): 从轻、轻的、宽恕的、轻饶的
Mild, clement, merciful usually relating to request to Judge re treatment of a person who has been found guilty of a crime.
Legal responsibility, e.g. for breaking a contract, committing a crime It may be civil or criminal, according to whether it is enforced by the civil or criminal court.
Life sentence: 终身监禁
Restraint of a person’s liberty for life, normally in a facility such as prison or gaol.
Locus Standi: 听证权，出庭权，发言权
The right to appear and be heard in a court and argue a case. See ‘legal standing’.* (LexisNexis: Concise Australian Legal Dictionary 5th ed)
A person appointed to hear a case in the Magistrates’ Court. A magistrate has similar responsibilities to a judge.
Magistrates’ Court: 初级法院（治安法院）
The lowest court in the court hierarchy exercising criminal and civil jurisdiction. The Court hears three types of criminal cases:
1. Summary offences: 即决罪，简易罪
2. Indictable offences: 可公诉罪
3. Committal hearings: 预审
The Court also hears minor civil actions, e.g.
· Civil disputes where the amount in dispute is no more than $100,000, generally with some exceptions.
Malicious Damage: 蓄意损毁（财产）
= Criminal Damage: Intentional or reckless damage to the property of another without the other’s consent. * (LexisNexis: Concise Australian Legal Dictionary 5th ed)
Malice Aforethought: 预谋
The element of means rea(q.v.) in the crime of murder. It includes an intention to kill a person and it is immaterial whether there was in mind either no particular person or a different person from the one killed. It also includes an intention to do an act likely to kill from which death results.
Improper professional action, including public servants, medical or legal practitioners, etc.
A crime committed when a person kills another unintentionally (with the intention to inflict bodily injury only, by accident in the course of a dangerous and unlawful act, by gross negligence or by failure to perform a legal duty.)
Mens Rea: 犯罪意图
A guilty mind; evil intention; knowledge that an act is wrong.
Mention court: 轻罪法庭
Magistrates court usually. Where criminal matters are heard if pleading guilty and witnesses are not required. Also to determine length of cases to allocate time Both hearings usually heard in court.
Misappropriation: 挪用, 盗用，非法占用
To deal as an agent, employee or a person in trust fraudulently or wrongly with another’s property; ie. Stealing.
A minor crime or indictable offence, e.g. libel, perjury, conspiracy, theft, assault, etc.
Misleading Statement: 误导的用语或行为
Statement or conduct which conveys a false or wrong impression.
Misprision of Felony: 对重罪知情不报
Concealing knowledge of the commission of a felony (Serious Crime).
Statement or conduct which conveys a false or wrong impression.
1. A reduction or attempt to secure a reduction in damages or punishment, as in a speech made to a judge after a verdict or plea of guilty.
2. The duty on a plaintiff to avoid or minimise loss in tort matters.
To abuse or interfere with a person, harass, pester, etc.
Money laundering: 洗黑钱，洗钱
Engaging directly or indirectly in a transaction that involves money or other property or receiving, possessing, concealing, disposing of or bringing into a jurisdiction any money or other property tht is derived or realised by any person as the result of the commission of an offence.
Mortuary: 太平间, 停尸间
A building where bodies are placed before burial.
Natural Justice: 自然公正、自然正义
Certain rules and procedures to be followed by a person or body with the power to make decisions.
Examples of natural justice are to act fairly without bias, the right of all parties directly affected by dispute to be heard.
A tort committed by a person who owes a duty of care to another, fails to exercises the standard of care required of him and thereby breaches that duty and injures the other person or damages that person’s property.
如：Professional negligence 职业疏忽；专业疏忽；业务过失；玩忽职守
Nolle prosequi: 撤回起诉.
In criminal prosecutions in the Supreme and County Courts the prosecution may discontinue proceedings by entering a nolle prosequi. This serves to withdraw existing proceedings, but is not an acquittal.
Unwilling to proceed. In civil proceedings, an entry made in a court record when the prosecutor or plaintiff is unwilling to continue the suit against the defendant. In criminal proceedings, a decision by the Attorney-General or the Director of Public Prosecutions not to continue with a prosecution on indictment after a bill has been found. * (LexisNexis: Concise Australian Legal Dictionary 5th ed)
Non-case submission: 无须答辩 (刑事案), 诉由不充分 (民事案)
No case to answer: 无须答辩 (刑事案), 诉由不充分 (民事案)
A legal matter of a civil kind not brought before a court.
The dismissal of an action due to insufficient evidence before the jury has given its verdict. The practice of nonsuit is no longer recognised, although other avenues remain open, for example: no case submission.* (LexisNexis: Concise Australian Legal Dictionary 5th ed)
Non Molestation order: 禁止骚扰令
An order restraining a person fro molesting another.
Not Guilty: 无罪
The plea made by a defendant, where they wish to deny everything and to let the prosecution prove their case beyond reasonable doubt –if not, they will be acquitted.
An act which interferes with the enjoyment of a right to which all members of the community are entitled.
An interference with a public or private interest. * (LexisNexis: Concise Australian Legal Dictionary 5th ed)
Null and void: 无效
Of no legal effect.
Objection (Overruled/Sustained): 反对
A barrister is entitled to object to a question put to a witness by the opposing barrister The presiing judge or magistrate may agree with the objection and disallow the question (objection sustained ) or disagree with the objection and allow the question to be asked (objection overruled).
Obscene acts: 猥亵行为、下流行为
That which is offensive to the currently accepted standards of decency: Filthy, bawdy, lewd, or disgusting.
Actions in the nature of crimes which are contrary to a statutory provision or the common law.
The person charged with or responsible for the commission of a criminal offence.
Absolute Liability Offence: 绝对责任; 绝对罪责, 绝对赔偿责任
Strict Liability Offence: 严格赔偿责任; 严格罪责
Honest and reasonable mistake: 诚实且合理的过错, “并非明知故犯, 且错误合情合理”
A person who has been found guilty of an offence and is liable to punishment pursuant to the criminal law.
Office of Correctional Services: 惩教署, 矫正部
The State Government agency responsible for the delivery of all adult correctional programmes in Victoria, comprising community-based and custodial programmes for convicted offenders and remandees.
Ombudsman: 意见调查员; 监诉官；申诉专员, 特派员; 冤情大使
A public official appointed to investigate citizens’ complaints against the government’s administrative agencies.
Onus of Proof: 举证责任
Also called the “burden of proof” and sometimes confused with “the standard of proof”. The obligation/responsibility (the onus) to prove what is alleged or claimed.
A form of legislation. A rule established by an authority; a permanent rule of actions. Commonly, an ordinance is used to designate the enactments of the legislative body of a municipal corporation. * (LexisNexis: Concise Australian Legal Dictionary 5th ed)
1. A person who takes part in a legal transaction or negotiation with another.
2. A person who is formally involved in bringing or defending any legal proceedings, but does not include witnesses or court officials
Where the crown forgives a defendant and does not prosecute permanently or wipes out the sentence of the court, varies the sentence.
Parity of sentence: 同等量刑
The court, when sentencing an offender, may consider the sentence previously imposed on a co-offender with a view to imposing a similar sentence.
The principle that usually the same or similar sentence should be imposed upon co-offenders who are equal in culpability and where their subjective characteristics are similar. * (LexisNexis: Concise Australian Legal Dictionary 5th ed)
1. The release of a prisoner from custody, after the completion of a minimum period of imprisonment determined by a court so that the prisoner may serve the rest of the sentence on conditional liberty.
2. It is one of the “post-custodial programmes” of the “Corrective Services”. It is a period of supervision aimed at increasing a person’s reintegration into the community and normal life.。
The punishment imposed by a court upon a person who has been convicted of committing a crime. It may take the form of imprisonment or the payment of money (a fine).
Lying under oath when questioned in court proceedings. A person found guilty of perjury may face imprisonment.
Preventing the course of justice: 妨碍司法公正
Acting in a way to pervert the administration of justice.
The person who begins civil proceedings in certain courts, eg, the Supreme Court. In the Magistrates’ Court that person is called “the Complainant” and “the Applicant in the Family Court.
The answer given by the plaintiff or defendant in a civil proceeding to the other party’s statements of fact.
The answer “guilty” or “not guilty” to a criminal charge or charges given by or on behalf of the accused at the beginning of a criminal trial in response to a question from a court official.
The term is also used to describe the information, material or arguments made to a court by or on behalf of an accused who has either made a plea of guilty to a crime or been found guilty of a crime. This information is presented to the court prior to the imposition of the penalty and is intended to assist the court to decide the appropriate penalty in all the circumstances.
Allege or assert; to make a plea.
The documents exchanged between the parties during legal proceedings in most courts which contain the allegations or facts upon which the parties base their cases. The documents have particular names, eg., Statement of Claim, Defence, Reply.
Point 05: 零点零五（血液）酒精浓度
To have a blood alcohol content of 0.05%.
Post Mortem: 尸体解剖检查（尸检）
A medical examination of a corpse in order o discover he cause of death.
One of the “post-custodial programmes” of the “Office of Corrections” It is often served in an attendance centre programme and aimed at increasing the personal and employment skills at the prison.
Preliminary breath test: 初步呼吸测试
The first test to be conducted to determine whether there is alcohol present in the blood of a driver, via breathing into a mechanism. In certain circumstances if the result is positive, a more extensive test using a breathalyser would be required.
Preliminary Investigation: 初步调查，预先调查，（刑事侦查员的）侦查
The initial investigation, such as searches of suspect premises, interview of witnesses, identification of stolen property, etc.
Preventive Detention: 防范性拘留
Where an offender’s prior criminal behaviour is taken into account and he is detained to protect the public from him committing further offences.
The punishment imposed by a court upon a person who has been convicted of committing a crime. It may take the form of imprisonment or the payment of money (a fine).
The Common Law principle by which lower courts in the hierarchy of courts must follow the issues of law decided by high courts, e.g. a decision on a particular aspect of the law by the High court must be followed by the Supreme court.
Prima Facie: 表面上看来，初步的（印象）
On the face of it. At first sight.
The document used for the actual taking of fingerprint impressions.
In certain circumstances a party or witness in court may refuse to answer a question and cannot be forced to answer. This right is called” privilege”.
Probation: 保护管束令，感化令, 缓刑
One of the “diversionary programmes” of the “Corrective Services” which provides supervision for offenders who a placed on probation.
Probationers must report regularly to their supervisor who will monitor their progress and may provide some counselling and referral aimed at increasing their self-development. This sentence may be an alternative to prison.
The Judge said: “Witness, when you heard ‘I put it to you’, it is a proposition. You can either agree or disagree.”
法官说: “证人,当你听到 ‘ 我对你这么说’ 这句话的时候,表示这是一个主张. 你可以同意也可以不同意.”
The person who has the responsibility of presenting and conducting the prosecution at court.
Protected witness video system: 保护证人的录像系统
The use of video conferencing technology between a court room and room containing a protected witness in proceedings in which a young person or a person with some sort of disability is giving evidence.
Protection order: 保护令
Action now taken by the Human services of Victoria to bring a child/young person to Children’s Court if their physical, emotional or psychological being is in danger A court will then place the child in the care of the State of Victoria.
Prothonotary: (州最高法院的) 首席书记官、首席公证人、首席登记官
A principal notary, chief administrative officer or chief clerk or registrar of the Supreme Court of a Victoria or New South Wales. The main prothonotarial duties include the keeping of court records, issuing writs, ruling on procedure, and taxing bills of costs. * (LexisNexis: Concise Australian Legal Dictionary 5th ed)
Proviso: 但书, 条件
An exception or provided. A clause in an Act, deed or other legal document imposing a condition, stipulation, or limitation on the operation of an earlier provision. * (LexisNexis: Concise Australian Legal Dictionary 5th ed)
Acts which are sufficient to prevent the exercise of reason and to deprive a reasonable man of his self control, thus reducing murder to manslaughter.
A criminal penalty.
The action of procuring the release of someone held captive by paying a price.
The habit of continually relapsing into crime. The phenomenon of habitual or repeated commission of offences.* (LexisNexis: Concise Australian Legal Dictionary 5th ed)
Reciprocating court: 互给法庭
An equivalent court, usually in another state or country, in which related proceedings may be taken pursuant to an arrangement between the states or countries.
A promise or undertaking by an accused person to forfeit or pay a specified sum of money if he/she does not perform certain actions, e.g. appear in court.
An acknowledgement by a person that he/she is indebted to the state for a certain sum of money where the debt is extinguished on a certain happening. * (LexisNexis: Concise Australian Legal Dictionary 5th ed)
Records of Interview: 审讯笔录
Formal interview of a person suspected of committing an offence or when the suspect person makes a confession of guilt.
1. To adjourn judicial proceedings (e.g. criminal trial) to a future date and to order the defendant to be returned to custody or be admitted to bail.
2. The division within a goal into which persons who have been remanded are placed.
The relief given by the law to rectify the harm suffered by a person as a result of his/her legal rights having been breached.
The means available at law or in equity by which a right is enforced or the infringement or a right is prevented, redressed, or compensated.
A reduction of the remaining prison sentence A prisoner’s term of imprisonment may be remitted by reason of his good behaviour.
Respondent: 被告，被上诉人，应诉人, 被申请人
The party against whom certain proceedings are lodged, (including family, tribunal and appeal proceedings)
Returnable (Summons): 依法必须回呈（或答辩／应答）（的传票）
A summons specified to be heard on a particular day.
Reversed Onus of Proof: 转移举证责任
In prosecutions for certain offences, once the prosecution has presented certain matters of proof to establish a prima facie case, the onus of proof changes to the accused who must prove innocence by disproving the prosecution’s allegations or by providing a legal defence to those allegations.
A judicial judgment or decree, esp. the judicial determination of the punishment to be inflicted on a convicted criminal, including imprisonment, fine, probation.
Sentencing indication 判决预示
The magistrate can give you an idea of what sentence they would give you if they find you guilty. This may help you to decide if you want to keep pleading not guilty or to plead guilty. <https://www.legalaid.vic.gov.au/find-legal-answers/legal-glossary>
A procedure in which a judge or magistrate may, on the application of the offender, notify the offender whether, if he or she pleads guilty, a sentence of immediate imprisonment would be imposed.
Serve: 服役, 服刑, 送达, 派发
1. Spend (a period) in jail or prison.
2. Deliver (a document such as a summons or writ) in a formal manner o the person to whom it is addressed.
Sine Die: 无限期，不定期
“Without a day”, adjourning court proceedings being pointed for resuming, for a date to be fixed.
Solicitor: 事务律师, 文案律师
A lawyer permitted by the Supreme Court to practise law and who chooses to be so by acting for and advising clients, but usually not by appearing for them as an advocate in a court case. 但是律师行业发展到今天，过去跟出庭律师泾渭分明的行业界限已经模糊许多了。今天很多有经验的Solicitor也经常出庭，尤其在初级法院一级，甚至中级法院或州最高法院也会见到他们的身影，通常被称为Solicitor Advocate。联邦司法管辖方面，Federal Circuit Court和Family Court见得比较多，Federal Court和High Court基本上还是Barrister尤其是SC或QC的主战场。
Standard of Proof: 举证标准（举证原则）
The extent or degree to which a fact must be proved In a criminal case, the standard is “beyond reasonable doubt’. In a civil case, it is “on the balance of probabilities”.
In criminal law, a test for determine whether or not a fact or issue has been proved. A person may not be convicted unless the court is satisfied that the prosecution case has been proved beyond reasonable doubt.
Statement: 笔录, 口供
A law made by parliament. (State/Territory or Federal)
A summons which commands the appearance of a person as a witness at a hearing and/or for the production of specified documents.
A person who guarantees the obligations of another by undertaking to pay money on that person’s default.
For example, a surety may undertake to pay the amount of bail if the accused does not appear before the court to stand trial.
In criminal law, a person who enters into a (usual written) undertaking that he or she will forfeit a specified sum of money (or other security) if a defendant fails to comply with his or her bail undertakings.
Summary Offence: 即决犯罪，简易罪（即可由初级法院经简易程序审判的轻微罪行）
A minor offence heard and decided in a Magistrates’ Court.
A legal document calling on a party to appear at court on a certain date for determination of an alleged offence or civil wrong.
Process issued by a court requiring a person to appear at a particular court at a particular time and place, either to give evidence or produce documents or to attend to answer a charge, information or complaint.
Supreme Court: 州或领地高等法院
The Supreme Court is the highest state court. It has original and appellate jurisdictions in civil and criminal matters.
In its original jurisdiction it hears only serious matters, such as injury cases exceeding $750,000 and murder trials.
It also bears appeals from both the Magistrates’ and District Courts.
Suspended sentence: 缓刑
(of a judge or court) cause (an imposed sentence) to be unenforced as long as no further offence is committed within a specified period: a suspended jail sentence. The suspension of the whole or part of a sentence and the ordering by the court of the release of the offender unconditionally or on conditions.
Take someone into custody: 拘捕某人
The evidence of a witness given orally in court, sworn or affirmed.
The hearing of legal proceedings in the Supreme Court. It refers to both civil and criminal proceedings. In other courts it is called a “hearing”. 通常指正式的完整的法庭审理，全套证据呈堂和交叉盘问程序，有陪审团或法官独审。
A legal body established to decide certain classes of claims.
The term “Tribunal” is sometimes used in legal texts to describe a court of law, but it is more commonly used to distinguish particular bodies which have the following features:
1. Jurisdiction limited to particular claims (e.g. Social Security Tribunal, Motor Accidents Board Tribunal, Residential Tenancies Tribunal, and Small Claims Tribunal).
2. Less formal than courts of law (e.g. lawyers are sometimes not admitted and, when admitted, do not wear wigs and robes; the rules of evidence are applied less strictly.)
Tribunals are sometimes described as administrative rather than judicial bodies, i.e. to determine questions of fact rather than law.
The decision of a Tribunal is subject to appeal to a court of law.
AAT (Administrate Appeal Tribunal): 行政上诉裁判庭（联邦层级）
MRD (Migrate Review Division): 移民复议裁判庭（已经跟AAT合并）
Mental Health Appeal Tribunal: 精神健康上诉法庭
RRD (Refugee Review Division): 难民复议裁判庭（已经跟AAT合并）
Social Security Appeal Tribunal: 社会保障裁判庭（已经跟AAT合并）
VCAT(Victorian Civil Administrative Appeal Tribunal): 维州民事行政上诉裁判庭
Ultra Vires: 超越权限；越权行为（原则）
“Beyond the power” An act beyond the legal power or authority of a person, institution, or legislation, and therefore invalid.
(be) unrepresented: 无代表的，无代理的
An unrepresented litigant. 没有律师代理进行法庭诉讼程序的当事人。
The final decision (e.g. guilty/not guilty; the contract has been broken) made by a jury on the basis of facts it has accepted as being proved by the evidence in a court case.
The finding of a jury as to the questions of fact put to them for deliberation and determination in a civil or criminal trial.
Voir Dire: 字面意义：to speak the truth in a trial within a trial
A preliminary examination of a witness by the judge in which the witness is required to ‘Speak the truth” when answering the questions put to him or her. If the witness appears to be incompetent, e.g. because of unsoundness of mind, he or she is rejected.
法官对证人的预先审查，证人在接受预先审查时必须「说实话」，忠实地回答所提出的问题。如果证人表现为无作证能力／资格的话，比如基于精神障碍，那么他 / 她则被拒绝作证。
A hearing where the admissibility of evidence, or the competency of a witness or juror is examined. Examples of matters to be determined on a voir dire include whether a witness should be declared hostile, whether a child is competent to give evidence, or whether a confession was voluntary. In a jury trial, the voir dire should be conducted in the absence of the jury.
A legal document which authorises specific acts to be undertaken, e.g. search, arrest, detain etc.
To give up a legal right or claim.
Wrongful (False) imprisonment: 非法监禁
The illegal confinement of one individual against his or her will by another individual in such a manner as to violate the confined individual’s right to be free from restraint of movement.
Youth Training centre: 少年教养中心
3. Holy Writ，如serve a writ on sb. 将传票送达某人
A document under the seal of the Crown which commands the person to whom it is addressed to do or refrain from doing some act; used to initiate proceedings in the Supreme Court.
A written order issued by a court commanding the person to whom it is directed to do or refrain from doing a specified act. Writs may be issued to originate an action (writ of summons), during the course of proceedings (interlocutory writ), or after final judgment (writ of execution).