The Australian judicial system is rife with extremely specialised terminology that a lot of people could have trouble understanding. While you, or someone close to you continues to be confronted with a criminal charge, it’s important to view the legal terminology that is certainly planning to show up in legal documents and throughout a trial. Here we’ve provided a listing of many of the more confusing terms and definitions often used in the Australian criminal justice system.
Acquittal:
This term is utilized once the magistrate, jury or appeal court see that you were not guilty in the charges against him/her.
Affidavit:
An itemized declaration made under oath before a notary public or another authorised officer. The person who has written the declaration states that the contents are, towards the best their knowledge, true.
Appeal:
To produce an appeal would be to take a case to a higher court to be able to challenge a choice created by less court or tribunal. As an example, an appeal from a decision in the Federal Circuit Court of Australia could be designed to the Federal Court. The one that appeals is called the ‘appellant’. However, it really is worth noting that doesn’t all decisions may be appealed.
Committal Hearing:
It is a hearing of all of the evidence that props up the charge inside the lower court by the magistrate who decides if you have sufficient evidence for your case to visit trial. In most committal hearings, there can be witnesses who are required to provide evidence.
Complainant:
This is actually the term used in court to consult the victim in the crime committed.
Defendant:
This is actually the term used in court to consult the one that will be faced with an offence. This term is interchangeable with ‘the accused’.
Deposition:
It is a typed copy in the evidence recorded in court.
Exhibits:
All evidence (aside from evidence provided by the witnesses) required to present the case towards the court, such as photographs, clothing, documents or other goods that could be strongly related the case.
Indictable Offence:
A critical Criminal law firms Brisbane that is certainly commonly heard in a higher court before a judge plus a jury. Less serious indictable offences, called summary offences, are generally heard in a Local Court.
Indictment:
It is a formal written accusation charging you are not an offence that is certainly should have been tried in a higher court.
Jurisdiction:
This is actually the extent of legal authority/power in the Court to utilize the law. As an example, around australia the Federal Court has jurisdiction under over 150 Acts in the Commonwealth Parliament.
Mediation:
It is a process whereby an impartial vacation, known as the mediator, aids in leading to a compromise or agreed settlement without requiring the decision of a Court.
Plaintiff:
This is actually the term used to consult anyone or party who initiates a civil action. To put it differently, this is the person or party who brings a case up against the defendant, and seeks punishment for your person or those who committed the crime.
Plea:
This is the time the accused person (the defendant) tells the court if they are guilty or not guilty of the charge against them. If your accused pleads guilty, a shot will not likely occur as well as the case proceeds to a sentencing hearing, which determines the punishment for your crime.
Subpoena:
A subpoena compels each side someone with a trial to be able to testify and/or produce documents. It is a order from the court, and when it really is disobeyed, the disobedient person could be in contempt of court.
Voir Dire:
It is a legal argument regarding the admissibility of a certain bit of evidence in court. In the event that this argument should happen, the witness as well as the jury are sent out of court until it finishes.
For those who have any questions regarding a criminal charge in Brisbane, please don’t hesitate to get hold of us. Only at Guest Lawyers, we focus on criminal law and could be delighted that may help you with any questions or concerns. The purpose to deliver honest, respectful and easy to be aware of legal services to be able to slow up the stress connected with your litigation.
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