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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.

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  • Caution (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.

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  • Caution (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.

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  • Children's Court

    The Victorian court that deals with criminal cases involving people under 18 at the time of the alleged offence.

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  • Custody

    Being held by police and not free to leave. Different from a conversation you can walk away from.

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  • Designated 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.

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  • Diversion

    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.

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  • Evidence

    Anything that can be used to prove or disprove something in a legal proceeding — including things you said to police, and things you did.

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  • Hinder 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.

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  • Independent person

    An adult who must be present before police can interview someone under 18, where a parent or guardian isn't available.

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  • Indictable offence

    A more serious offence. Some indictable offences can still be heard by a magistrate rather than a judge and jury.

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  • Interview (EROI)

    A formal, recorded police interview. "EROI" means electronically recorded interview of a suspected person.

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  • Penalty unit

    The unit fines are set in. The dollar value is set by the Victorian Government and changes each financial year.

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  • Reasonable 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.

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  • Reasonable 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.

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  • Right 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.

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  • Summary offence

    A less serious offence, dealt with by a magistrate.

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  • Investigative questioning

    Questions police ask to find out whether an offence has happened — like "where are you going?" or "what are you up to?"

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  • Theft

    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.

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  • Citizen'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.

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  • Occupier

    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.

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  • Noise 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.

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  • Unreasonable 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.

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  • Complicity

    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.

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  • Withdrawal

    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.

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  • Wilful 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.

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  • Compensation 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.

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  • Secondary 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.

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  • Implied 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.

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  • Trespass

    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.

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  • Triable 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.

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Where to get real help

General information about Victorian law. Not legal advice.