The Australian legal system is rife with extremely specialised terminology that most people could have trouble understanding. When you, or someone close to you has been faced with a criminal charge, it’s vital that you understand the legal terminology that is certainly planning to surface in legal documents and in a trial. Here we’ve provided a list of a number of the more confusing terms and definitions often employed in the Australian criminal justice system.
Acquittal:
This term is utilized when the magistrate, jury or appeal court find that you were not liable in the charges against him/her.
Affidavit:
A written declaration made under oath before a notary public or other authorised officer. The individual that has written the declaration claims that the contents are, to the better of their knowledge, true.
Appeal:
To make an appeal would be to please take a case to some higher court in order to challenge a determination created by a lower court or tribunal. For instance, an appeal coming from a decision in the Federal Circuit Court of Australia might be made to the Federal Court. The one who appeals is termed the ‘appellant’. However, it can be important to note that not all decisions could be appealed.
Committal Hearing:
This is the hearing of all of the evidence that sports ths charge from the lower court by a magistrate who decides if there is sufficient evidence for that case to attend trial. In certain committal hearings, there could be witnesses who’re required to provide evidence.
Complainant:
This is actually the term used problem to consult the victim in the crime committed.
Defendant:
This is actually the term used problem to consult the one who has faced with an offence. This term is interchangeable with ‘the accused’.
Deposition:
This is the typed copy in the evidence recorded problem.
Exhibits:
All evidence (besides evidence furnished by the witnesses) required to present the truth to the court, including photographs, clothing, documents or another things that might be tightly related to the truth.
Indictable Offence:
A critical Criminal lawyers Brisbane that is certainly commonly heard inside a higher court before a judge plus a jury. Less serious indictable offences, known as summary offences, are often heard inside a Local Court.
Indictment:
This is the formal written accusation charging a person with an offence that is certainly supposed to have been tried inside a higher court.
Jurisdiction:
This is actually the extent of legal authority/power in the Court to utilize regulations. For instance, around australia the Federal Court has jurisdiction under a lot more than 150 Acts in the Commonwealth Parliament.
Mediation:
This is the process whereby a neutral third party, called the mediator, assists in contributing to a compromise or agreed settlement without requiring the decision of the Court.
Plaintiff:
This is actually the term used to consult the individual or party who initiates a civil action. Quite simply, this can be the person or party who brings an instance from the defendant, and seeks punishment for that person or people that committed the crime.
Plea:
This is how the accused person (the defendant) tells legal court whether are guilty or not responsible for the charge against them. If the accused pleads guilty, a shot is not going to occur and the case proceeds to some sentencing hearing, which determines the punishment for that crime.
Subpoena:
A subpoena compels each side an individual at a trial in order to testify and/or produce documents. This is the court ruling, if it can be disobeyed, the disobedient person might be in contempt of court.
Voir Dire:
This is the legal argument in regards to the admissibility of the certain bit of evidence problem. In the case that this argument should happen, the witness and the jury are mailed of court until it finishes.
In case you have any questions regarding a criminal charge in Brisbane, please don’t hesitate to get hold of us. Right here at Guest Lawyers, we focus on criminal law and can be more than pleased to assist you with any questions or concerns. The purpose to supply honest, respectful as well as simple to know legal counsel in order to lessen the stress related to your litigation.
More info about Criminal lawyers Brisbane explore our site: click site