The Australian judicial system is rife with extremely specialised terminology that a lot of people might have trouble understanding. So when you, or someone close to you has become up against a criminal charge, it’s crucial that you understand the legal terminology that’s planning to show up in legal documents and in a trial. Here we’ve provided a listing of a few of the more confusing terms and definitions often utilized in the Australian criminal justice system.
Acquittal:
This term can be used once the magistrate, jury or appeal court discover that one is simple from the charges against him/her.
Affidavit:
A written declaration made under oath before a notary public and other authorised officer. The individual who has written the declaration claims that the contents are, on the best their knowledge, true.
Appeal:
To make an appeal is always to take a case with a higher court as a way to challenge a decision made by a lower court or tribunal. By way of example, an appeal coming from a decision from the Federal Circuit Court of Australia may be designed to the Federal Court. The one who appeals is known as the ‘appellant’. However, it’s worth noting that not all decisions might be appealed.
Committal Hearing:
This is the hearing of all the evidence that props up the charge in the lower court by a magistrate who decides when there is sufficient evidence for that case to go to trial. In some committal hearings, there may be witnesses who are needed 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 one that has arrested for a criminal offence. This term is interchangeable with ‘the accused’.
Deposition:
This is the typed copy from the evidence recorded problem.
Exhibits:
All evidence (apart from evidence provided by the witnesses) needed to present the case on the court, like photographs, clothing, documents or another items that may be relevant to the case.
Indictable Offence:
A serious Brisbane criminal lawyers that’s commonly heard within a higher court before the court along with a jury. Less serious indictable offences, termed as summary offences, usually are heard within a Local Court.
Indictment:
This is the formal written accusation charging you are not an offence that’s intended as tried within a higher court.
Jurisdiction:
This is the extent of legal authority/power from the Court to utilize legislation. By way of example, around australia the Federal Court has jurisdiction under greater than 150 Acts from the Commonwealth Parliament.
Mediation:
This is the process whereby a neutral vacation, known as the mediator, assists with bringing about an agreement or agreed settlement without requiring your decision of the Court.
Plaintiff:
This is the expression used to consult the individual or party who initiates a civil action. Quite simply, here is the person or party who brings an incident contrary to the defendant, and seeks punishment for that person or individuals who committed the crime.
Plea:
This is the time the accused person (the defendant) tells the judge whether they are guilty or otherwise not doing the charge against them. When the accused pleads guilty, a trial will not likely come about and the case proceeds with a sentencing hearing, which determines the punishment for that crime.
Subpoena:
A subpoena compels the look off a person in a trial as a way to testify and/or produce documents. This is the order from the court, and if it’s disobeyed, the disobedient person could possibly be in contempt of court.
Voir Dire:
This is the legal argument about the admissibility of the certain part of evidence problem. In the case that this argument should happen, the witness and the jury are sent of court until it finishes.
For those who have any questions regarding a criminal charge in Brisbane, please don’t hesitate to contact us. At Guest Lawyers, we concentrate on criminal law and could be delighted that may help you with any questions or concerns. The purpose to deliver honest, respectful as well as simple to comprehend legal counsel as a way to reduce the stress linked to your litigation.
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