Understanding Courtroom Jargon: A Plain-English Guide

Litigation: 11 May 2025

Author: Aaron Stewart - Our People

Facing court can be stressful — the legal language shouldn't add to it.

At Aitken Partners, we believe that clarity and understanding are essential to good legal advice. That’s why we take the time to explain court processes and legal terminology in plain English — so you can stay informed and confident throughout your matter.

Below is a straightforward guide to some of the most common terms you may encounter in Australian courts.

A

Acquittal: A finding of not guilty. You’re free to go and can’t be tried again for the same offence.
Adjournment: A temporary pause in proceedings — often requested to gather further evidence or prepare a defence.
Affidavit: A sworn written statement used as evidence. False statements can carry serious consequences.
Allegation: A claim or accusation — not a proven fact. The prosecution must prove it beyond reasonable doubt.

B

Bail: Release from custody while your case is ongoing, usually with conditions such as reporting to police or surrendering your passport.
Barrister: A lawyer who specialises in courtroom advocacy. Solicitors often brief barristers for trials or complex hearings.
Beyond reasonable doubt: The high standard the prosecution must meet to secure a conviction.

C

Charge: The formal accusation made by police or prosecutors. It does not mean guilt.
Committal hearing: A preliminary hearing in more serious cases to assess whether there’s enough evidence for trial.
Conviction: A formal finding of guilt. A conviction may impact employment, travel, and future legal matters.

D

Defendant: The person accused of an offence — entitled to legal representation and a fair trial.
Duty lawyer: A lawyer available at court to assist with basic matters, usually for first appearances or where urgent help is needed.

E

Evidence: Information used to support or challenge a case — includes witness statements, documents, CCTV, and expert reports.

F

First appearance: Your initial court date, typically administrative in nature and used to set a future hearing timetable.

G

Guilty plea: Admitting to the offence. This can sometimes lead to a more favourable sentence, but always seek legal advice before entering a plea.

H

Hearing: Any court session where matters are considered — including bail, sentencing, or full trials.

I

Indictable offence: A serious criminal charge that usually proceeds to a higher court (e.g. County or Supreme Court).

J

Judge: The judicial officer who manages court proceedings, decides on admissibility of evidence, and imposes sentences.
Jury: A panel of citizens who determine guilt in serious matters. Their decision must be based on evidence and reach the standard of beyond reasonable doubt.

L

Leading question: A question that suggests an answer — generally not allowed in direct examination, but permitted in cross-examination.

M

Magistrate: The judicial officer in the Magistrates’ Court, handling less serious matters from start to finish.
Mitigating circumstances: Factors that may reduce a sentence — such as no prior convictions, remorse, or strong character references.

N

No case to answer: A legal argument that the prosecution hasn’t presented enough evidence. If successful, the charge can be dismissed without the defence needing to call evidence.

O

Objection: A lawyer’s challenge to a question or piece of evidence — for example, if it’s irrelevant or unfairly prejudicial.

P

Plea: The formal response to a charge — ‘guilty’ or ‘not guilty’. This is a critical decision with significant consequences.
Prosecution: The party bringing the case, usually the police or Office of Public Prosecutions, who must prove the charges.

R

Remand: Being held in custody while waiting for your matter to proceed. Your lawyer can apply for bail to avoid this.

S

Sentence: The penalty given if you’re found guilty — can range from a fine to community work or prison time.
Summary offence: A less serious offence dealt with in the Magistrates’ Court, such as driving offences or minor assaults.

T

Testimony: Oral evidence given by a witness under oath.

V

Verdict: The final decision in a case — ‘guilty’ or ‘not guilty’.

W

Witness: Someone who gives evidence in court — could be an expert, police officer, or someone who saw or heard something relevant.

Z

Zealous representation: While not a common legal term, it’s something you’re entitled to. Your lawyer should act in your best interests with diligence, integrity, and persistence — whether your matter is straightforward or complex.

Need Help Navigating the Court Process?

Legal terms can be overwhelming, but you don’t have to face them alone. At Aitken Partners, our experienced lawyers explain your options clearly, represent you professionally, and ensure your rights are protected every step of the way.

📞 Call us on (03) 8600 6000 for practical legal advice and trusted representation.