Standard of proof  

In most criminal matters, Prosecution have the standard of proof. This means it is up to  the Prosecution to prove the case (not the Defence to disprove it).  

Witness 

This seems self-explanatory, but it isn’t. All people who have given statements in a  criminal matter are referred to as ‘witnesses’. It does not mean that they actually  witnessed (that is, saw) the event occurring, but it means they gave a witness statement  to police. Sometimes people are called as a witness to provide information about other  aspects of the matter, not just the incident the Defendant is charged with.  

Disclosure  

Disclosure is the material relied upon by Prosecution in seeking to prove the case.  Disclosure can come in many forms, but is often made up of witness statements, CCTV  footage, records of interview, photographs, listening device and other material.  

Without prejudice  

Negotiations often occur in criminal matters. These offers are usually put on a ‘without  prejudice’ basis. That means that what is contained in the offer is not to prejudice the  party’s position down the track. Practically, it is used so that a position adopted when  trying to resolve a matter cannot be used against the Defendant at trial (for example  admitting certain facts).  

Arraignment 

This is the first hearing in the higher courts (District Court and Supreme Court). At this  hearing, the Defendant confirms their guilty or not guilty plea. This is a formal hearing  where the Barristers are dressed in robes and sometimes wigs.  

Barrister 

Barristers are the lawyers who present the cases in Court. In a criminal trial, they are  dressed in robes and sometimes wigs. Often, in large cases, one Defendant may have  two or more Barristers, one acting as the leader (with the biggest speaking role) and one  acting as the junior (assisting the leader).  

Solicitor 

Solicitors are the lawyers who perform a lot of the behind-the-scenes work. At Craig  Caldicott Lawyers, all of our lawyers are experienced in conducting matters as the  solicitor for large cases (doing the groundwork for the Barrister) and acting as the  mouthpiece in Court for smaller hearings or Magistrates Court matters.  

Bail  

This is an agreement with the Court or police. Bail conditions can be imposed after  someone has been arrested to allow for their release from custody, but to ensure their  appearance at Court. Bail conditions can include to live at a specified address, not to  contact specified people, not to attend specified locations, not to be in the drivers’ seat  of a vehicle, not to leave South Australia, not to hold a passport, and many others. It is  an offence to contravene bail condition(s).