The Australian legislation is rife with extremely specialised terminology that a majority of people could have trouble understanding. So when you, or someone near to you has become confronted with a criminal charge, it’s important to comprehend the legal terminology that is certainly more likely to come up in legal documents and throughout a trial. Here we’ve provided a directory of some of the more confusing terms and definitions often found in the Australian criminal justice system.
Acquittal:
This term is used when the magistrate, jury or appeal court discover that an individual is innocent of the charges against him/her.
Affidavit:
An itemized declaration made under oath before a notary public or other authorised officer. The individual who has written the declaration claims that the contents are, towards the best of their knowledge, true.
Appeal:
To create an appeal is always to please take a case to some higher court to be able to challenge a determination made by less court or tribunal. For instance, an appeal from the decision of the Federal Circuit Court of Australia could possibly be designed to the Federal Court. The individual that appeals is recognized as the ‘appellant’. However, it’s worth noting that all decisions may be appealed.
Committal Hearing:
This is the hearing of all evidence that sports ths charge from the lower court by way of a magistrate who decides if you find sufficient evidence for your case to attend trial. In most committal hearings, there can be witnesses who are forced to provide evidence.
Complainant:
This is the term used in court to consult the victim of the crime committed.
Defendant:
This is the term used in court to consult the person who will be involved in an offence. This term is interchangeable with ‘the accused’.
Deposition:
This is the typed copy of the evidence recorded in court.
Exhibits:
All evidence (aside from evidence provided by the witnesses) forced to present the truth towards the court, such as photographs, clothing, documents or some other items which could possibly be tightly related to the truth.
Indictable Offence:
A significant Brisbane criminal lawyers that is certainly commonly heard inside a higher court before the court along with a jury. Less serious indictable offences, referred to as summary offences, are often heard inside a Local Court.
Indictment:
This is the formal written accusation charging you aren’t an offence that is certainly should have been tried inside a higher court.
Jurisdiction:
This is the extent of legal authority/power of the Court to make use of what the law states. For instance, around australia the Federal Court has jurisdiction under a lot more than 150 Acts of the Commonwealth Parliament.
Mediation:
This is the process whereby an impartial third party, known as the mediator, assists in causing an agreement or agreed settlement without requiring the choice of a Court.
Plaintiff:
This is the term used to consult anybody or party who initiates a civil action. Put simply, this can be the person or party who brings an instance against the defendant, and seeks punishment for your person or individuals who committed the crime.
Plea:
This is the time the accused person (the defendant) tells the court whether or not they are guilty you aren’t guilty of the charge against them. If your accused pleads guilty, an effort is not going to happen and also the case proceeds to some sentencing hearing, which determines the punishment for your crime.
Subpoena:
A subpoena compels the appearance of an individual at the trial to be able to testify and/or produce documents. This is the court ruling, of course, if it’s disobeyed, the disobedient person could be in contempt of court.
Voir Dire:
This is the legal argument about the admissibility of a certain piece of evidence in court. If this argument should occur, the witness and also the jury are sent out of court until it finishes.
If you have any queries regarding a criminal charge in Brisbane, please don’t hesitate to contact us. At Guest Lawyers, we focus on criminal law and will be more than happy to help you with any queries or concerns. Goal to supply honest, respectful and straightforward to know legal services to be able to decrease the stress related to your litigation.
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