Learn
Legal words, explained plainly
The standalone Learn entries are still being written. The glossary below is drafted but has not been checked by a lawyer.
Arrest
Being taken into custody. You should be told you're under arrest and what for, at the time it happens.
Link to this termCaution (the warning)
What police must tell you before questioning: that you don't have to say or do anything, but that anything you say or do may be used as evidence.
Link to this termCaution (the outcome)
A formal way of dealing with an alleged offence by a young person without going to court. The rules in Victoria are changing as a new youth justice scheme commences.
Link to this termChildren's Court
The Victorian court that deals with criminal cases involving people under 18 at the time of the alleged offence.
Link to this termCustody
Being held by police and not free to leave. Different from a conversation you can walk away from.
Link to this termDesignated area
An area police have declared, in which they can search people for weapons without needing reasonable grounds. Declarations are published in the Government Gazette.
Link to this termDiversion
A way of dealing with a charge without a finding of guilt, usually by completing a plan. In the Children's Court both the prosecution and the young person must agree to it.
Link to this termEvidence
Anything that can be used to prove or disprove something in a legal proceeding — including things you said to police, and things you did.
Link to this termHinder or obstruct
Getting in the way of police doing their job. It's a separate offence, and it's why standing back matters even when you're within your rights.
Link to this termIndependent person
An adult who must be present before police can interview someone under 18, where a parent or guardian isn't available.
Link to this termIndictable offence
A more serious offence. Some indictable offences can still be heard by a magistrate rather than a judge and jury.
Link to this termInterview (EROI)
A formal, recorded police interview. "EROI" means electronically recorded interview of a suspected person.
Link to this termPat-down search
A search where an officer runs their hands over the outside of your clothing, and may ask you to empty pockets or remove a jacket.
Link to this termPenalty unit
The unit fines are set in. The dollar value is set by the Victorian Government and changes each financial year.
Link to this termReasonable grounds
More than a hunch. The officer must actually hold the belief, and there must be objective facts that would produce it in a reasonable person.
Link to this termReasonable suspicion
A lower threshold than belief, but still not a guess. Courts have said things like nervousness, being in a high-crime area, or being evasive are not enough on their own.
Link to this termRight to silence
You generally don't have to answer police questions or take part in an investigation. Some things, like giving your name and address when lawfully required, are exceptions.
Link to this termInvestigative questioning
Questions police ask to find out whether an offence has happened — like "where are you going?" or "what are you up to?"
Link to this termTheft
Dishonestly appropriating property belonging to someone else, intending to permanently deprive them of it. All four parts have to be true — an accusation on its own is not proof of any of them.
Link to this termCitizen's arrest
A narrow power available to any person, not just police, to arrest someone found actually committing certain offences. It must be handed to police without unreasonable delay, and only reasonably necessary force may be used.
Link to this termOccupier
The person who lives at or has control of premises. It matters because consent to police entry generally has to come from someone with authority over the home, and a visitor may not have that authority.
Link to this termNoise direction
A direction from police to stop or reduce unreasonable noise from a home. It binds the particular person it was validly given to, can run for up to 72 hours, and not complying with it is a separate offence.
Link to this termUnreasonable noise
Noise may be unreasonable because of its volume, intensity, duration, character, timing, location and frequency. Some prescribed equipment may also be treated as unreasonable when used during prohibited hours and heard inside another residence.
Link to this termComplicity
Being treated as having committed an offence that someone else physically committed. It needs something intentional from you — helping, encouraging, directing, or agreeing to it. Being nearby is not one of those things.
Link to this termWithdrawal
Stepping back from something you would otherwise be part of, in a way the law recognises. It generally has to be in time, and clear enough that the others know they are carrying on without you.
Link to this termWilful damage
The lower-level offence of deliberately damaging property, used for smaller amounts of damage. More serious property damage is charged under a different section with much higher maximum penalties.
Link to this termCompensation order
An order that someone pay for damage they caused. For a young person there is a cap on the amount, and the court has to take into account what they can actually afford.
Link to this termSecondary supply
Giving alcohol to someone under 18 who is not your own child. In a private home this is only lawful with the parent's or guardian's permission and responsible supervision. The obligation sits on the person supplying.
Link to this termImplied licence
The permission you have to be inside a shop or other private place that is open to the public. It is permission, not a right: the owner or occupier can withdraw it, and once they do, your position changes straight away.
Link to this termTrespass
Being somewhere you have no authority or lawful excuse to be. In Victoria it also covers refusing to leave after the owner or occupier warns you to go — a warning given out loud is enough.
Link to this termTriable summarily
An indictable offence a court can deal with the shorter way, without a jury. Being dealt with that way does not turn it into a summary offence — the classification stays the same, and some powers depend on it.
Link to this term