The Australian judicial system is rife with extremely specialised terminology that most people might have trouble understanding. So when you, or someone in the area has become up against a criminal charge, it’s crucial that you view the legal terminology which is likely to show up in legal documents and throughout a trial. Here we’ve provided a directory of a few 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 see that one is simple with the charges against him/her.
Affidavit:
A written declaration made under oath before a notary public or any other authorised officer. The individual who has written the declaration states that the contents are, for the best their knowledge, true.
Appeal:
To create an appeal is to require a case to a higher court in order to challenge a determination made by less court or tribunal. By way of example, an appeal coming from a decision with the Federal Circuit Court of Australia might be made to the Federal Court. The individual that appeals is recognized as the ‘appellant’. However, it really is worth noting that all decisions may be appealed.
Committal Hearing:
This is the hearing of all the so-called evidence that props up charge inside the lower court by way of a magistrate who decides if there is sufficient evidence for your case to venture to trial. In certain committal hearings, there may be witnesses that are needed to provide evidence.
Complainant:
Here is the term used in the courtroom to refer to the victim with the crime committed.
Defendant:
Here is the term used in the courtroom to refer to the one that has been faced with an offence. This term is interchangeable with ‘the accused’.
Deposition:
This is the typed copy with the evidence recorded in the courtroom.
Exhibits:
All evidence (aside from evidence supplied by the witnesses) needed to present true for the court, like photographs, clothing, documents or another goods that might be strongly related true.
Indictable Offence:
A significant Criminal lawyers Brisbane which is commonly heard within a higher court before a judge along with a jury. Less serious indictable offences, called summary offences, are generally heard within a Local Court.
Indictment:
This is the formal written accusation charging having it . an offence which is intended to be tried within a higher court.
Jurisdiction:
Here is the extent of legal authority/power with the Court to utilize the law. By way of example, nationwide the Federal Court has jurisdiction under greater than 150 Acts with the Commonwealth Parliament.
Mediation:
This is the process whereby a neutral alternative party, referred to as the mediator, assists in causing an agreement or agreed settlement without requiring the decision of your Court.
Plaintiff:
Here is the term used to refer to anybody or party who initiates a civil action. In other words, this is the person or party who brings a case contrary to the defendant, and seeks punishment for your person or individuals who committed the crime.
Plea:
This is the time the accused person (the defendant) tells the court whether or not they are guilty or not accountable for the charge against them. When the accused pleads guilty, an effort won’t occur and the case proceeds to a sentencing hearing, which determines the punishment for your crime.
Subpoena:
A subpoena compels the look off a person at a trial in order to testify and/or produce documents. This is the order from the court, of course, if it really is disobeyed, the disobedient person may be in contempt of court.
Voir Dire:
This is the legal argument about the admissibility of your certain piece of evidence in the courtroom. If this argument should take place, the witness and the jury are delivered of court until it finishes.
When you have any questions regarding a criminal charge in Brisbane, please don’t hesitate to get hold of us. Here at Guest Lawyers, we specialise in criminal law and will be happy that may help you with any questions or concerns. The purpose to offer honest, respectful as well as simple to know legal advice in order to reduce the stress linked to your litigation.
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