The Australian legislation is rife with extremely specialised terminology that a lot of people could have trouble understanding. When you, or someone close to you may be facing a criminal charge, it’s imperative that you view the legal terminology that is certainly prone to appear in legal documents and in a trial. Here we’ve provided a summary of some of the more confusing terms and definitions often used in the Australian criminal justice system.
Acquittal:
This term is employed when the magistrate, jury or appeal court realize that a person is simple from the charges against him/her.
Affidavit:
An itemized declaration made under oath before a notary public or other authorised officer. The one who has written the declaration claims that the contents are, towards the better of their knowledge, true.
Appeal:
To produce an appeal is to have a case into a higher court in order to challenge a conclusion made by a lower court or tribunal. As an example, an appeal coming from a decision from the Federal Circuit Court of Australia might be designed to the government Court. The one who appeals is recognized as the ‘appellant’. However, it really is important to note that all decisions might be appealed.
Committal Hearing:
This is the hearing of all evidence that supports the charge from the lower court by way of a magistrate who decides if you have sufficient evidence for the case to venture to trial. In some committal hearings, there can be witnesses that are needed to provide evidence.
Complainant:
Here is the expression used in the court to consult the victim from the crime committed.
Defendant:
Here is the expression used in the court to consult the one that has arrested for an offence. This term is interchangeable with ‘the accused’.
Deposition:
This is the typed copy from the evidence recorded in the court.
Exhibits:
All evidence (apart from evidence furnished by the witnesses) needed to present the case towards the court, including photographs, clothing, documents or some other goods that might be highly relevant to the case.
Indictable Offence:
A critical Lawyer Brisbane that is certainly commonly heard in a higher court before a judge plus a jury. Less serious indictable offences, referred to as summary offences, are generally heard in a Local Court.
Indictment:
This is the formal written accusation charging you are not an offence that is certainly supposed to have been tried in a higher court.
Jurisdiction:
Here is the extent of legal authority/power from the Court to use legislation. As an example, around australia the government Court has jurisdiction under over 150 Acts from the Commonwealth Parliament.
Mediation:
This is the process whereby an impartial third party, known as the mediator, assists with causing an agreement or agreed settlement without requiring your choice of a Court.
Plaintiff:
Here is the expression used to consult the individual or party who initiates a civil action. In other words, here is the person or party who brings in a situation against the defendant, and seeks punishment for the person or those who committed the crime.
Plea:
This is how the accused person (the defendant) tells a legal court whether or not they are guilty you aren’t doing the charge against them. If the accused pleads guilty, an endeavor is not going to occur along with the case proceeds into a sentencing hearing, which determines the punishment for the crime.
Subpoena:
A subpoena compels the appearance of somebody in a trial in order to testify and/or produce documents. This is the court order, if it really is disobeyed, the disobedient person might be in contempt of court.
Voir Dire:
This is the legal argument about the admissibility of a certain piece of evidence in the court. If this argument should happen, the witness along with the jury are sent of court until it finishes.
In case you have any questions regarding a criminal charge in Brisbane, please don’t hesitate to call us. Only at Guest Lawyers, we specialize in criminal law and will be delighted that may help you with any questions or concerns. The purpose to provide honest, respectful and straightforward to comprehend legal counsel in order to decrease the stress associated with your litigation.
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