The Australian courts is rife with extremely specialised terminology that many people could have trouble understanding. So when you, or someone near to you may be confronted with a criminal charge, it’s crucial that you view the legal terminology which is planning to surface in legal documents and throughout a trial. Here we’ve provided a listing of some of the more confusing terms and definitions often used in the Australian criminal justice system.
Acquittal:
This term is utilized if the magistrate, jury or appeal court find that a person is innocent from the charges against him/her.
Affidavit:
A written declaration made under oath before a notary public and other authorised officer. The individual that has written the declaration claims that the contents are, for the better of their knowledge, true.
Appeal:
To generate an appeal would be to take a case to some higher court in order to challenge a conclusion produced by less court or tribunal. By way of example, an appeal from a decision from the Federal Circuit Court of Australia may be built to the Federal Court. The person who appeals is known as the ‘appellant’. However, it’s important to note that doesn’t all decisions may be appealed.
Committal Hearing:
This is a hearing of all the evidence that props up charge within the lower court by way of a magistrate who decides when there is sufficient evidence to the case to go to trial. In most committal hearings, there might be witnesses who are necessary to provide evidence.
Complainant:
Here is the saying used in court to consult the victim from the crime committed.
Defendant:
Here is the saying used in court to consult the person who has faced with a criminal offence. This term is interchangeable with ‘the accused’.
Deposition:
This is a typed copy from the evidence recorded in court.
Exhibits:
All evidence (in addition to evidence furnished by the witnesses) necessary to present the case for the court, like photographs, clothing, documents or another items which may be highly relevant to the case.
Indictable Offence:
A life threatening Brisbane criminal lawyer which is commonly heard in the higher court before a judge along with a jury. Less serious indictable offences, known as summary offences, are generally heard in the Local Court.
Indictment:
This is a formal written accusation charging you aren’t an offence which is supposed to have been tried in the higher court.
Jurisdiction:
Here is the extent of legal authority/power from the Court to make use of what the law states. By way of example, nationwide the Federal Court has jurisdiction under more than 150 Acts from the Commonwealth Parliament.
Mediation:
This is a process whereby a neutral 3rd party, referred to as mediator, aids in contributing to a compromise or agreed settlement without requiring your choice of a Court.
Plaintiff:
Here is the saying used to consult the individual or party who initiates a civil action. To put it differently, this is actually the person or party who brings an instance from the defendant, and seeks punishment to the person or those who committed the crime.
Plea:
This is when the accused person (the defendant) tells the judge if they are guilty you aren’t responsible for the charge against them. If your accused pleads guilty, a trial won’t happen along with the case proceeds to some sentencing hearing, which determines the punishment to the crime.
Subpoena:
A subpoena compels the appearance of a person in a trial in order to testify and/or produce documents. This is a court order, if it’s disobeyed, the disobedient person could be in contempt of court.
Voir Dire:
This is a legal argument concerning the admissibility of a certain little bit of evidence in court. If this argument should happen, the witness along with the jury are sent out of court until it finishes.
For those who have inquiries regarding a criminal charge in Brisbane, please don’t hesitate to contact us. Right here at Guest Lawyers, we specialise in criminal law and could be delighted that will help you with inquiries or concerns. Goal to provide honest, respectful and straightforward to be aware of legal services in order to lessen the stress related to your litigation.
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