The Australian legislation is rife with extremely specialised terminology that many people may have trouble understanding. When you, or someone in your area continues to be confronted with a criminal charge, it’s vital that you understand the legal terminology that’s more likely to appear in legal documents and throughout a trial. Here we’ve provided a listing of some of the more confusing terms and definitions often employed in the Australian criminal justice system.
Acquittal:
This term can be used when the magistrate, jury or appeal court discover that an individual is simple with the charges against him/her.
Affidavit:
A written declaration made under oath before a notary public and other authorised officer. The one who has written the declaration states that the contents are, towards the best of their knowledge, true.
Appeal:
To produce an appeal would be to have a case with a higher court to be able to challenge a decision manufactured by less court or tribunal. For example, an appeal from your decision with the Federal Circuit Court of Australia might be built to the federal government Court. The one that appeals is called the ‘appellant’. However, it’s important to note that all decisions might be appealed.
Committal Hearing:
This can be a hearing of all the so-called evidence that sports ths charge from the lower court by way of a magistrate who decides if there is sufficient evidence for your case to attend trial. In a few committal hearings, there can be witnesses who will be forced to provide evidence.
Complainant:
This is the term used in court to consult the victim with the crime committed.
Defendant:
This is the term used in court to consult the individual that has been charged with an offence. This term is interchangeable with ‘the accused’.
Deposition:
This can be a typed copy with the evidence recorded in court.
Exhibits:
All evidence (besides evidence provided by the witnesses) forced to present true towards the court, including photographs, clothing, documents or another things that might be tightly related to true.
Indictable Offence:
A life threatening Brisbane criminal lawyer that’s commonly heard within a higher court before the court as well as a jury. Less serious indictable offences, called summary offences, usually are heard within a Local Court.
Indictment:
This can be a formal written accusation charging you aren’t an offence that’s should have been tried within a higher court.
Jurisdiction:
This is the extent of legal authority/power with the Court to utilize regulations. For example, australia wide the federal government Court has jurisdiction under a lot more than 150 Acts with the Commonwealth Parliament.
Mediation:
This can be a process whereby an impartial third party, referred to as the mediator, assists in contributing to a compromise or agreed settlement without requiring your decision of your Court.
Plaintiff:
This is the term used to consult the person or party who initiates a civil action. Quite simply, this can be the person or party who brings in a situation against the defendant, and seeks punishment for your person or people who committed the crime.
Plea:
This is when the accused person (the defendant) tells the judge whether are guilty or not doing the charge against them. If the accused pleads guilty, an endeavor will not likely occur and the case proceeds with a sentencing hearing, which determines the punishment for your crime.
Subpoena:
A subpoena compels each side somebody in a trial to be able to testify and/or produce documents. This can be a court order, of course, if it’s disobeyed, the disobedient person may be in contempt of court.
Voir Dire:
This can be a legal argument concerning the admissibility of your certain little bit of evidence in court. If this argument should occur, the witness and the jury are sent of court until it finishes.
If you have inquiries regarding a criminal charge in Brisbane, please don’t hesitate to make contact with us. Here at Guest Lawyers, we concentrate on criminal law and would be more than pleased that may help you with inquiries or concerns. The purpose to offer honest, respectful and easy to be aware of legal counsel to be able to decrease the stress connected with your litigation.
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