The Australian legislation is rife with extremely specialised terminology that a lot of people might have trouble understanding. When you, or someone close to you has become up against a criminal charge, it’s crucial that you comprehend the legal terminology which is likely to appear in legal documents and throughout a trial. Here we’ve provided a directory of many of the more confusing terms and definitions often found in the Australian criminal justice system.
Acquittal:
This term can be used if the magistrate, jury or appeal court see that you were not liable in the charges against him/her.
Affidavit:
An itemized declaration made under oath before a notary public and other authorised officer. The individual that has written the declaration states that the contents are, towards the best their knowledge, true.
Appeal:
To make an appeal is to take a case with a higher court so that you can challenge a determination produced by a lesser court or tribunal. For instance, an appeal coming from a decision in the Federal Circuit Court of Australia could possibly be designed to the government Court. The individual that appeals is termed the ‘appellant’. However, it’s important to note that doesn’t all decisions could be appealed.
Committal Hearing:
This can be a hearing of all the so-called evidence that props up charge within the lower court by a magistrate who decides if there is sufficient evidence for that case to go to trial. In most committal hearings, there can be witnesses who will be necessary to provide evidence.
Complainant:
Here is the term used in the courtroom to refer to the victim in the crime committed.
Defendant:
Here is the term used in the courtroom to refer to the one who has involved in an offence. This term is interchangeable with ‘the accused’.
Deposition:
This can be a typed copy in the evidence recorded in the courtroom.
Exhibits:
All evidence (aside from evidence supplied by the witnesses) necessary to present the case towards the court, for example photographs, clothing, documents or another goods that could possibly be highly relevant to the case.
Indictable Offence:
A significant Criminal lawyers Brisbane which is commonly heard in a higher court before a judge and a jury. Less serious indictable offences, termed as summary offences, are usually heard in a Local Court.
Indictment:
This can be a formal written accusation charging having it . an offence which is should have been tried in a higher court.
Jurisdiction:
Here is the extent of legal authority/power in the Court to make use of legislation. For instance, australia wide the government Court has jurisdiction under greater than 150 Acts in the Commonwealth Parliament.
Mediation:
This can be a process whereby a neutral alternative party, called the mediator, aids in causing a compromise or agreed settlement without requiring the choice of an Court.
Plaintiff:
Here is the term used to refer to anybody or party who initiates a civil action. Quite simply, this is actually the person or party who brings in a situation against the defendant, and seeks punishment for that person or people who committed the crime.
Plea:
This is when the accused person (the defendant) tells the judge whether are guilty or otherwise not responsible for the charge against them. If your accused pleads guilty, a trial is not going to come about along with the case proceeds with a sentencing hearing, which determines the punishment for that crime.
Subpoena:
A subpoena compels each side an individual with a trial so that you can testify and/or produce documents. This can be a court order, of course, if it’s disobeyed, the disobedient person could be in contempt of court.
Voir Dire:
This can be a legal argument concerning the admissibility of an certain piece of evidence in the courtroom. If this argument should occur, the witness along with the jury are delivered of court until it finishes.
When you have questions regarding a criminal charge in Brisbane, please don’t hesitate to call us. At Guest Lawyers, we focus on criminal law and would be more than pleased to assist you with questions or concerns. Goal to supply honest, respectful and easy to understand legal services so that you can slow up the stress associated with your litigation.
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