The Australian courts is rife with extremely specialised terminology that a majority of people could have trouble understanding. While you, or someone in your area continues to be confronted with a criminal charge, it’s imperative that you view the legal terminology which is prone to show up in legal documents and after a trial. Here we’ve provided a directory of some of the more confusing terms and definitions often utilized in the Australian criminal justice system.
Acquittal:
This term is employed when the magistrate, jury or appeal court realize that a person is not guilty of 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, on the better of their knowledge, true.
Appeal:
To create an appeal would be to require a case with a higher court as a way to challenge a conclusion created by less court or tribunal. For instance, an appeal from the decision of the Federal Circuit Court of Australia could possibly be created to the federal government Court. The individual that appeals is known as the ‘appellant’. However, it’s worth noting that does not all decisions could be appealed.
Committal Hearing:
This is a hearing of all of the evidence that props up the charge from the lower court by a magistrate who decides if you find sufficient evidence for that case to venture to trial. In a few committal hearings, there might be witnesses who will be necessary to provide evidence.
Complainant:
This can be the expression used in the court to refer to the victim of the crime committed.
Defendant:
This can be the expression used in the court to refer to the one who has arrested for an offence. This term is interchangeable with ‘the accused’.
Deposition:
This is a typed copy of the evidence recorded in the court.
Exhibits:
All evidence (aside from evidence given by the witnesses) necessary to present the truth on the court, like photographs, clothing, documents or other items that could possibly be strongly related the truth.
Indictable Offence:
A serious Criminal lawyers Brisbane which is commonly heard within a higher court before the court as well as a jury. Less serious indictable offences, referred to as summary offences, are generally heard within a Local Court.
Indictment:
This is a formal written accusation charging a person with an offence which is supposed to have been tried within a higher court.
Jurisdiction:
This can be the extent of legal authority/power of the Court to use what the law states. For instance, australia wide the federal government Court has jurisdiction under a lot more than 150 Acts of the Commonwealth Parliament.
Mediation:
This is a process whereby an impartial vacation, referred to as mediator, aids in leading to a compromise or agreed settlement without requiring the choice of your Court.
Plaintiff:
This can be the expression used to refer to anybody or party who initiates a civil action. To put it differently, 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 doing the charge against them. When the accused pleads guilty, a trial is not going to happen as well as the case proceeds with a sentencing hearing, which determines the punishment for that crime.
Subpoena:
A subpoena compels each side someone at the trial as a way to testify and/or produce documents. This is a court order, and when it’s disobeyed, the disobedient person might be in contempt of court.
Voir Dire:
This is a legal argument regarding the admissibility of your certain bit of evidence in the court. In the event that this argument should happen, the witness as well as the jury are sent out of court until it finishes.
When you have any queries regarding a criminal charge in Brisbane, please don’t hesitate to contact us. Only at Guest Lawyers, we specialise in criminal law and could be delighted that will help you with any queries or concerns. Our aim is to provide honest, respectful and simple to be aware of legal services as a way to slow up the stress related to your litigation.
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