The Australian legal system is rife with extremely specialised terminology that a majority of people may have trouble understanding. So when you, or someone in the area may be up against a criminal charge, it’s crucial that you understand the legal terminology which is more likely to appear in legal documents and in a trial. Here we’ve provided a directory of a number of the more confusing terms and definitions often employed in the Australian criminal justice system.
Acquittal:
This term is used when the magistrate, jury or appeal court see that an individual is innocent from the charges against him/her.
Affidavit:
An itemized declaration made under oath before a notary public or other authorised officer. The individual who has written the declaration claims that the contents are, for the best their knowledge, true.
Appeal:
To make an appeal is usually to have a case to a higher court to be able to challenge a choice produced by less court or tribunal. For example, an appeal from a decision from the Federal Circuit Court of Australia may be made to the Federal Court. The person who appeals is called the ‘appellant’. However, it’s worth noting that all decisions could be appealed.
Committal Hearing:
This is the hearing of all of the evidence that props up charge from the lower court by the magistrate who decides if there is sufficient evidence to the case to visit trial. In a few committal hearings, there might be witnesses who are necessary to provide evidence.
Complainant:
This is the term used in the courtroom to consult the victim from the crime committed.
Defendant:
This is the term used in the courtroom to consult the individual that has been faced with an offence. This term is interchangeable with ‘the accused’.
Deposition:
This is the typed copy from the evidence recorded in the courtroom.
Exhibits:
All evidence (besides evidence supplied by the witnesses) necessary to present the case for the court, like photographs, clothing, documents or any other goods that may be tightly related to the case.
Indictable Offence:
A significant Brisbane lawyer which is commonly heard inside a higher court before the court along with a jury. Less serious indictable offences, referred to as summary offences, are generally heard inside a Local Court.
Indictment:
This is the formal written accusation charging you aren’t an offence which is should have been tried inside a higher court.
Jurisdiction:
This is the extent of legal authority/power from the Court to make use of what the law states. For example, nationwide the Federal Court has jurisdiction under greater than 150 Acts from the Commonwealth Parliament.
Mediation:
This is the process whereby a neutral vacation, referred to as mediator, assists in leading to an agreement or agreed settlement without requiring the decision of the Court.
Plaintiff:
This is the term used to consult the person or party who initiates a civil action. Put simply, this is the person or party who brings in a situation from the defendant, and seeks punishment to the person or people that committed the crime.
Plea:
This is the time the accused person (the defendant) tells a legal court whether or not they are guilty you aren’t doing the charge against them. When the accused pleads guilty, an effort is not going to happen along with the case proceeds to a sentencing hearing, which determines the punishment to the crime.
Subpoena:
A subpoena compels the appearance of a person at a trial to be able to testify and/or produce documents. This is the order from the court, and if it’s disobeyed, the disobedient person could be in contempt of court.
Voir Dire:
This is the legal argument regarding the admissibility of the certain part of evidence in the courtroom. If this argument should occur, the witness along with the jury are delivered of court until it finishes.
For those who have questions regarding a criminal charge in Brisbane, please don’t hesitate to call us. At Guest Lawyers, we specialise in criminal law and will be more than happy to assist you with questions or concerns. Our aim is to provide honest, respectful and easy to understand legal counsel to be able to reduce the stress linked to your litigation.
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