The Australian legal system is rife with extremely specialised terminology that many people could have trouble understanding. When you, or someone near to you may be facing a criminal charge, it’s vital that you comprehend the legal terminology that is likely to show up in legal documents and within a trial. Here we’ve provided a directory of some of the more confusing terms and definitions often found in the Australian criminal justice system.
Acquittal:
This term is employed if the magistrate, jury or appeal court see that one is not guilty from the charges against him/her.
Affidavit:
A written declaration made under oath before a notary public or another authorised officer. The individual that has written the declaration states that the contents are, towards the better of their knowledge, true.
Appeal:
To produce an appeal is always to please take a case with a higher court to be able to challenge a choice produced by less court or tribunal. As an example, an appeal coming from a decision from the Federal Circuit Court of Australia may be designed to the government Court. The person who appeals is known as the ‘appellant’. However, it’s important to note that all decisions may be appealed.
Committal Hearing:
This can be a hearing of all the so-called evidence that sports ths charge from the lower court by the magistrate who decides if there is sufficient evidence for your case to venture to trial. In most committal hearings, there might be witnesses who are needed to provide evidence.
Complainant:
This is the expression used in court to consult the victim from the crime committed.
Defendant:
This is the expression used in court to consult the one that is being arrested for an offence. This term is interchangeable with ‘the accused’.
Deposition:
This can be a typed copy from the evidence recorded in court.
Exhibits:
All evidence (apart from evidence furnished by the witnesses) needed to present the truth towards the court, for example photographs, clothing, documents or any other items which may be highly relevant to the truth.
Indictable Offence:
A life threatening Brisbane criminal lawyer that is commonly heard in the higher court before the court as well as a jury. Less serious indictable offences, called summary offences, are usually heard in the Local Court.
Indictment:
This can be a formal written accusation charging you aren’t an offence that is should have been tried in the higher court.
Jurisdiction:
This is the extent of legal authority/power from the Court to utilize legislation. As an example, australia wide the government Court has jurisdiction under a lot more than 150 Acts from the Commonwealth Parliament.
Mediation:
This can be a process whereby an impartial 3rd party, called the mediator, aids in causing an agreement or agreed settlement without requiring your choice of the Court.
Plaintiff:
This is the expression used to consult the individual or party who initiates a civil action. Quite simply, this is actually the person or party who brings an instance contrary to the defendant, and seeks punishment for your person or individuals who committed the crime.
Plea:
This is the time the accused person (the defendant) tells a legal court whether they are guilty you aren’t responsible for the charge against them. In the event the accused pleads guilty, a shot will not happen as well as the case proceeds with a sentencing hearing, which determines the punishment for your crime.
Subpoena:
A subpoena compels the look of someone in a trial to be able to testify and/or produce documents. This can be a order from the court, of course, if it’s disobeyed, the disobedient person may be in contempt of court.
Voir Dire:
This can be a legal argument regarding the admissibility of the certain piece of evidence in court. In the event that this argument should occur, the witness as well as the jury are sent out of court until it finishes.
When you have any questions regarding a criminal charge in Brisbane, please don’t hesitate to call us. Only at Guest Lawyers, we focus on criminal law and will be more than pleased that will help you with any questions or concerns. The purpose to provide honest, respectful and simple to be aware of legal counsel to be able to lessen the stress associated with your litigation.
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