The Australian legal system is rife with extremely specialised terminology that most people may have trouble understanding. So when you, or someone close to you may be faced with a criminal charge, it’s crucial that you see the legal terminology which is prone to appear in legal documents and within a trial. Here we’ve provided a listing of many of the more confusing terms and definitions often employed in the Australian criminal justice system.
Acquittal:
This term is used in the event the magistrate, jury or appeal court see that one is not liable in the charges against him/her.
Affidavit:
An itemized declaration made under oath before a notary public and other authorised officer. The individual who has written the declaration states that the contents are, for the better of their knowledge, true.
Appeal:
To produce an appeal is always to take a case to a higher court so that you can challenge a choice manufactured by less court or tribunal. For example, an appeal from your decision in the Federal Circuit Court of Australia might be designed to the federal government Court. The individual that appeals is known as the ‘appellant’. However, it can be worth noting that doesn’t all decisions could be appealed.
Committal Hearing:
This is a hearing of all of the evidence that sports ths charge from the lower court by the magistrate who decides if you have sufficient evidence for the case to venture to trial. In certain committal hearings, there might be witnesses who’re needed to provide evidence.
Complainant:
Here is the expression used in court to refer to the victim in the crime committed.
Defendant:
Here is the expression used in court to refer to the person who is being arrested for an offence. This term is interchangeable with ‘the accused’.
Deposition:
This is a typed copy in the evidence recorded in court.
Exhibits:
All evidence (aside from evidence furnished by the witnesses) needed to present the case for the court, like photographs, clothing, documents or another things that might be highly relevant to the case.
Indictable Offence:
A life threatening Lawyers in Brisbane which is commonly heard in the higher court before the court as well as a jury. Less serious indictable offences, called summary offences, are often heard in the Local Court.
Indictment:
This is a formal written accusation charging a person with an offence which is should have been tried in the higher court.
Jurisdiction:
Here is the extent of legal authority/power in the Court to make use of what the law states. For example, australia wide the federal government Court has jurisdiction under greater than 150 Acts in the Commonwealth Parliament.
Mediation:
This is a process whereby a neutral alternative party, referred to as mediator, assists with leading to an agreement or agreed settlement without requiring the decision of your Court.
Plaintiff:
Here is the expression used to refer to anybody or party who initiates a civil action. To put it differently, this can be the person or party who brings an incident contrary to the defendant, and seeks punishment for the person or individuals who committed the crime.
Plea:
This is when the accused person (the defendant) tells the court whether are guilty or otherwise guilty of the charge against them. If the accused pleads guilty, an effort won’t occur along with the case proceeds to a sentencing hearing, which determines the punishment for the crime.
Subpoena:
A subpoena compels the look off somebody at a trial so that you can testify and/or produce documents. This is a court ruling, if it can be disobeyed, the disobedient person might be in contempt of court.
Voir Dire:
This is a legal argument about the admissibility of your certain little bit of evidence in court. In the case that this argument should take place, the witness along with the jury are delivered of court until it finishes.
For those who have inquiries regarding a criminal charge in Brisbane, please don’t hesitate to call us. Only at Guest Lawyers, we specialize in criminal law and could be more than happy to assist you with inquiries or concerns. The purpose to offer honest, respectful and easy to be aware of legal advice so that you can lessen the stress linked to your litigation.
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