Some common phrases in Criminal Law

If you are involved in the criminal justice system, you are likely to hear a number of legal terms used repeatedly. Understanding what these phrases mean can help you better navigate the process and feel more informed about your matter.

Below, we explain some of the most common criminal law terms.

1. Beyond Reasonable Doubt

This is the standard of proof the prosecution must meet in a criminal case. It is the highest standard required by law. An accused person can only be found guilty if the prosecution proves every element of the offence beyond reasonable doubt. What is considered “reasonable” is determined by the trier of fact (either a Judge or a jury) based on the circumstances of the case.

2. Actus Reus

This refers to the “guilty act”, the physical element of a crime. For example, in a shoplifting matter, the actus reus is the act of physically taking an item from a store without paying for it.

3. Mens Rea

This means the “guilty mind”, the mental element required to establish a criminal offence. Using the same example, mens rea would be the intention to take the item without payment.

4. Adjournment

An adjournment is when a court matter is postponed to a later date. Adjournments are common and may occur for a variety of reasons, such as allowing time for legal advice, gathering evidence, or providing disclosure material. The Court will usually set a new date for the matter to return.

5. Charge Determination

In more serious (major indictable) matters, a Charge Determination Hearing takes place in the Magistrates Court after the first appearance. At this hearing, the prosecution confirms which charges will proceed against the accused.

6. Committal

A committal is a process used in serious criminal matters to determine whether there is sufficient evidence for a case to proceed to a higher court. In South Australia, committal proceedings are typically conducted “on the papers” rather than through oral evidence. In many cases, a “case to answer” is conceded, and the matter is committed to a superior court in a relatively brief hearing.

7. Trial

A trial is a formal hearing where both parties present their case.

The prosecution calls witnesses and presents evidence, while the defence has the opportunity to challenge that evidence through cross-examination. The accused may choose to give evidence but is not required to do so.

The trier of fact, whether a Magistrate, Judge, or jury, will then determine whether the accused is guilty or not guilty.

8. Pre-Trial Conference

A Pre-Trial Conference, often referred to as a PTC, occurs in contested summary and minor indictable matters. These conferences are usually held in a closed court and allow both parties to discuss the case, including any outstanding evidence, possible resolutions, or negotiated outcomes. Discussions are conducted on a “without prejudice” basis.

9. Magistrate

A Magistrate is a judicial officer who presides over matters in the Magistrates Court. This court typically deals with less serious criminal matters and preliminary stages of more serious cases.

10. Judge

A Judge is a judicial officer who generally presides in the District Court, which hears more serious criminal matters. There are different types of Judges, including Associate Judges, Auxiliary Judges, and the Chief Judge.

11. Justice

A Justice is a judicial officer who sits in higher courts such as the Supreme Court, Court of Appeal, or the High Court. Titles may include Associate Justice, Auxiliary Justice, or Chief Justice.