The Australian judicial system is rife with extremely specialised terminology that a lot of people could have trouble understanding. When you, or someone in your area continues to be faced with a criminal charge, it’s imperative that you understand the legal terminology which is prone to appear in legal documents and in a trial. Here we’ve provided a directory of many of the more confusing terms and definitions often found in the Australian criminal justice system.
Acquittal:
This term is utilized when the magistrate, jury or appeal court realize that one is not guilty of the charges against him/her.
Affidavit:
A written declaration made under oath before a notary public or any other authorised officer. The one who has written the declaration states that the contents are, on the best their knowledge, true.
Appeal:
To produce an appeal is to have a case to some higher court in order to challenge a decision created by less court or tribunal. As an example, an appeal from a decision of the Federal Circuit Court of Australia could possibly be built to the federal government Court. The person who appeals is recognized as the ‘appellant’. However, it’s worth noting that not all decisions can be appealed.
Committal Hearing:
This is a hearing of all the so-called evidence that supports the charge within the lower court by way of a magistrate who decides if you find sufficient evidence to the case to attend trial. In certain committal hearings, there might be witnesses who’re forced to provide evidence.
Complainant:
This is actually the term used problem to refer to the victim of the crime committed.
Defendant:
This is actually the term used problem to refer to the one that is being charged with an offence. This term is interchangeable with ‘the accused’.
Deposition:
This is a typed copy of the evidence recorded problem.
Exhibits:
All evidence (besides evidence supplied by the witnesses) forced to present true on the court, like photographs, clothing, documents or other items which could possibly be relevant to true.
Indictable Offence:
A significant Criminal law firms Brisbane which is commonly heard in a higher court before a judge along with a jury. Less serious indictable offences, termed as summary offences, usually are heard in a Local Court.
Indictment:
This is a formal written accusation charging a person with an offence which is supposed to have been tried in a higher court.
Jurisdiction:
This is actually the extent of legal authority/power of the Court to make use of legislation. As an example, australia wide the federal government Court has jurisdiction under greater than 150 Acts of the Commonwealth Parliament.
Mediation:
This is a process whereby a neutral third party, referred to as mediator, assists in causing an agreement or agreed settlement without requiring the choice of an Court.
Plaintiff:
This is actually the term used to refer to anyone or party who initiates a civil action. In other words, this is actually the person or party who brings a case up against the defendant, and seeks punishment to the person or individuals who committed the crime.
Plea:
This is how the accused person (the defendant) tells the court whether or not they are guilty you aren’t responsible for the charge against them. If your accused pleads guilty, an effort is not going to come about and the case proceeds to some sentencing hearing, which determines the punishment to the crime.
Subpoena:
A subpoena compels the look of an individual in a trial in order to testify and/or produce documents. This is a order from the court, if it’s disobeyed, the disobedient person may be in contempt of court.
Voir Dire:
This is a legal argument regarding the admissibility of an certain piece of evidence problem. If this argument should occur, the witness and 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 call us. Here at Guest Lawyers, we focus on criminal law and will be delighted that will help you with any queries or concerns. Goal to supply honest, respectful as well as simple to be aware of legal advice in order to slow up the stress linked to your litigation.
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