The Australian courts is rife with extremely specialised terminology that a lot of people may have trouble understanding. When you, or someone near to you has been confronted with a criminal charge, it’s imperative that you comprehend the legal terminology which is likely to surface in legal documents and within a trial. Here we’ve provided a summary of a number of the more confusing terms and definitions often utilized in the Australian criminal justice system.
Acquittal:
This term is used if the magistrate, jury or appeal court discover that you were innocent in the charges against him/her.
Affidavit:
A written declaration made under oath before a notary public and other authorised officer. The individual who has written the declaration claims that the contents are, towards the best of their knowledge, true.
Appeal:
To produce an appeal is usually to take a case to some higher court to be able to challenge a determination produced by a reduced court or tribunal. For example, an appeal from a decision in the Federal Circuit Court of Australia might be designed to the Federal Court. The one who appeals is called the ‘appellant’. However, it’s worth noting that all decisions might be appealed.
Committal Hearing:
This is the hearing of all the evidence that props up charge within the lower court with a magistrate who decides if you have sufficient evidence to the case to venture to trial. In most committal hearings, there can be witnesses that are required to provide evidence.
Complainant:
Here is the saying used in the courtroom to consult the victim in the crime committed.
Defendant:
Here is the saying used in the courtroom to consult the one that has arrested for a criminal offence. This term is interchangeable with ‘the accused’.
Deposition:
This is the typed copy in the evidence recorded in the courtroom.
Exhibits:
All evidence (in addition to evidence provided by the witnesses) required to present the truth towards the court, such as photographs, clothing, documents or any other items that might be tightly related to the truth.
Indictable Offence:
A life threatening Brisbane criminal lawyer which is commonly heard within a higher court before a judge plus a jury. Less serious indictable offences, termed as summary offences, are generally heard within a Local Court.
Indictment:
This is the formal written accusation charging a person with an offence which is intended to be tried within a higher court.
Jurisdiction:
Here is the extent of legal authority/power in the Court to utilize legislation. For example, australia wide the Federal Court has jurisdiction under greater than 150 Acts in the Commonwealth Parliament.
Mediation:
This is the process whereby a neutral alternative party, referred to as the mediator, aids in leading to an agreement or agreed settlement without requiring the choice of the Court.
Plaintiff:
Here is the saying used to consult anyone or party who initiates a civil action. To put it differently, here is the person or party who brings in a situation up against the defendant, and seeks punishment to the person or people who committed the crime.
Plea:
This is the time the accused person (the defendant) tells a legal court whether or not they are guilty or otherwise guilty of the charge against them. If your accused pleads guilty, a trial will not occur along with the case proceeds to some sentencing hearing, which determines the punishment to the crime.
Subpoena:
A subpoena compels the look of someone at the trial to be able to testify and/or produce documents. This is the order from the court, of course, if it’s disobeyed, the disobedient person might be in contempt of court.
Voir Dire:
This is the legal argument about the admissibility of the certain piece of evidence in the courtroom. In the event that this argument should happen, the witness along with the jury are sent out of court until it finishes.
When you have questions regarding a criminal charge in Brisbane, please don’t hesitate to call us. Here at Guest Lawyers, we concentrate on criminal law and could be delighted that may help you with questions or concerns. Goal to provide honest, respectful and straightforward to be aware of legal services to be able to slow up the stress connected with your litigation.
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