The Australian legal system is rife with extremely specialised terminology that most people may have trouble understanding. So when you, or someone in the area may be faced with a criminal charge, it’s vital that you comprehend the legal terminology that’s planning to surface in legal documents and after a trial. Here we’ve provided a listing of many of the more confusing terms and definitions often utilized in the Australian criminal justice system.
Acquittal:
This term can be used when the magistrate, jury or appeal court find that one is simple with the charges against him/her.
Affidavit:
A written declaration made under oath before a notary public or other authorised officer. The individual that has written the declaration states that the contents are, to the best of their knowledge, true.
Appeal:
To make an appeal is usually to require a case into a higher court so that you can challenge a conclusion manufactured by a lower court or tribunal. By way of example, an appeal from a decision with the Federal Circuit Court of Australia could possibly be made to the federal government Court. The one who appeals is known as the ‘appellant’. However, it is worth noting that not all decisions might be appealed.
Committal Hearing:
This is the hearing of all the evidence that supports the charge from the lower court with a magistrate who decides if you have sufficient evidence to the case to visit trial. In certain committal hearings, there could be witnesses who are required to provide evidence.
Complainant:
This is the saying used problem to refer to the victim with the crime committed.
Defendant:
This is the saying used problem to refer to the one that has been charged with an offence. This term is interchangeable with ‘the accused’.
Deposition:
This is the typed copy with the evidence recorded problem.
Exhibits:
All evidence (in addition to evidence furnished by the witnesses) required to present the case to the court, for example photographs, clothing, documents or other items which could possibly be tightly related to the case.
Indictable Offence:
A critical Criminal law firms Brisbane that’s commonly heard in a higher court before the court as well as a jury. Less serious indictable offences, called summary offences, are often heard in a Local Court.
Indictment:
This is the formal written accusation charging you aren’t an offence that’s intended to be tried in a higher court.
Jurisdiction:
This is the extent of legal authority/power with the Court to make use of the law. By way of example, around australia the federal government Court has jurisdiction under over 150 Acts with the Commonwealth Parliament.
Mediation:
This is the process whereby an impartial 3rd party, referred to as mediator, assists with leading to an agreement or agreed settlement without requiring the decision of an Court.
Plaintiff:
This is the saying used to refer to the person or party who initiates a civil action. Put simply, this can be the person or party who brings an instance against the defendant, and seeks punishment to the person or people that committed the crime.
Plea:
This is how the accused person (the defendant) tells the judge whether are guilty or otherwise not guilty of the charge against them. In the event the accused pleads guilty, an effort won’t take place as well as the case proceeds into a sentencing hearing, which determines the punishment to the crime.
Subpoena:
A subpoena compels the look of an individual with a trial so that you can testify and/or produce documents. This is the court ruling, of course, if it is disobeyed, the disobedient person might be in contempt of court.
Voir Dire:
This is the legal argument in regards to the admissibility of an certain piece of evidence problem. If this argument should occur, the witness as well as the jury are sent of court until it finishes.
When you have questions regarding a criminal charge in Brisbane, please don’t hesitate to make contact with us. At Guest Lawyers, we focus on criminal law and can be happy to help you with questions or concerns. The purpose to provide honest, respectful and simple to comprehend legal counsel so that you can lessen the stress related to your litigation.
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