The Australian judicial system is rife with extremely specialised terminology that most people may have trouble understanding. When you, or someone in your area continues to be facing a criminal charge, it’s vital that you see the legal terminology that is certainly more likely to show up in legal documents and within a trial. Here we’ve provided a list of many of the more confusing terms and definitions often utilized in the Australian criminal justice system.
Acquittal:
This term is utilized when the magistrate, jury or appeal court discover that a person is simple from the charges against him/her.
Affidavit:
A written declaration made under oath before a notary public or other authorised officer. The individual who has written the declaration states that the contents are, towards the better of their knowledge, true.
Appeal:
To create an appeal is usually to take a case to some higher court in order to challenge a decision created by a reduced court or tribunal. By way of example, an appeal from your decision from the Federal Circuit Court of Australia may be made to the government Court. The person who appeals is called the ‘appellant’. However, it can be worth noting that not all decisions might be appealed.
Committal Hearing:
This is a hearing of all the so-called evidence that props up charge within the lower court by a magistrate who decides if you find sufficient evidence to the case to venture to trial. In most committal hearings, there could be witnesses who’re required to provide evidence.
Complainant:
This is the expression used problem to consult the victim from the crime committed.
Defendant:
This is the expression used problem to consult the person who will be charged with a criminal offence. This term is interchangeable with ‘the accused’.
Deposition:
This is a typed copy from the evidence recorded problem.
Exhibits:
All evidence (in addition to evidence supplied by the witnesses) required to present true towards the court, like photographs, clothing, documents or any other goods that may be highly relevant to true.
Indictable Offence:
A critical Criminal lawyers Brisbane that is certainly commonly heard in the higher court before a judge along with a jury. Less serious indictable offences, known as summary offences, are usually heard in the Local Court.
Indictment:
This is a formal written accusation charging you are not an offence that is certainly should have been tried in the higher court.
Jurisdiction:
This is the extent of legal authority/power from the Court to use legislation. By way of example, around australia the government Court has jurisdiction under more than 150 Acts from the Commonwealth Parliament.
Mediation:
This is a process whereby an impartial vacation, referred to as the mediator, assists in causing an agreement or agreed settlement without requiring your decision of your Court.
Plaintiff:
This is the expression used to consult anyone or party who initiates a civil action. Quite simply, this is actually the person or party who brings in a situation up 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 court whether or not they are guilty or not guilty of the charge against them. In the event the accused pleads guilty, an effort won’t come about and the case proceeds to some sentencing hearing, which determines the punishment to the crime.
Subpoena:
A subpoena compels the look of someone at the trial in order to testify and/or produce documents. This is a court order, and if it can be disobeyed, the disobedient person could possibly be in contempt of court.
Voir Dire:
This is a legal argument regarding the admissibility of your certain little bit of evidence problem. In the event that this argument should take place, the witness and the jury are delivered of court until it finishes.
When you have inquiries regarding a criminal charge in Brisbane, please don’t hesitate to get hold of us. Only at Guest Lawyers, we specialize in criminal law and will be happy that may help you with inquiries or concerns. The purpose to provide honest, respectful and easy to be aware of legal counsel in order to lessen the stress connected with your litigation.
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