The Australian courts is rife with extremely specialised terminology that a majority of people could have trouble understanding. While you, or someone close to you may be confronted with a criminal charge, it’s important to see the legal terminology which is likely to surface in legal documents and throughout a trial. Here we’ve provided a listing of some of the more confusing terms and definitions often used in the Australian criminal justice system.
Acquittal:
This term is utilized once the magistrate, jury or appeal court see that an individual is simple of the charges against him/her.
Affidavit:
An itemized declaration made under oath before a notary public or any other authorised officer. The individual that has written the declaration states that the contents are, towards the best their knowledge, true.
Appeal:
To create an appeal is always to please take a case to some higher court as a way to challenge a choice produced by a lesser court or tribunal. For instance, an appeal coming from a decision of the Federal Circuit Court of Australia could be built to the government Court. The one who appeals is termed the ‘appellant’. However, it can be worth noting that all decisions can be appealed.
Committal Hearing:
This is the hearing of all the evidence that props up charge from the lower court by way of a magistrate who decides if you find sufficient evidence for that case to visit trial. In most committal hearings, there can be witnesses who’re required to provide evidence.
Complainant:
This is the term used in the court to refer to the victim of the crime committed.
Defendant:
This is the term used in the court to refer to the individual that is being faced with a criminal offence. This term is interchangeable with ‘the accused’.
Deposition:
This is the typed copy of the evidence recorded in the court.
Exhibits:
All evidence (apart from evidence given by the witnesses) required to present the truth towards the court, for example photographs, clothing, documents or another things that could be highly relevant to the truth.
Indictable Offence:
A life threatening Criminal lawyer Brisbane which is commonly heard within a higher court before a judge and a jury. Less serious indictable offences, known as summary offences, are generally heard within a Local Court.
Indictment:
This is the formal written accusation charging you aren’t an offence which is intended to be tried within a higher court.
Jurisdiction:
This is the extent of legal authority/power of the Court to utilize what the law states. For instance, australia wide the government Court has jurisdiction under a lot more than 150 Acts of the Commonwealth Parliament.
Mediation:
This is the process whereby a neutral alternative party, called the mediator, assists with leading to an agreement or agreed settlement without requiring your decision of a Court.
Plaintiff:
This is the term used to refer to anybody or party who initiates a civil action. To put it differently, here is the person or party who brings an incident contrary to the defendant, and seeks punishment for that person or those who committed the crime.
Plea:
This is where the accused person (the defendant) tells legal court whether are guilty or otherwise doing the charge against them. When the accused pleads guilty, an effort will not happen and the case proceeds to some sentencing hearing, which determines the punishment for that crime.
Subpoena:
A subpoena compels the look of a person with a trial as a way to testify and/or produce documents. This is the order from the court, if it can be disobeyed, the disobedient person might be in contempt of court.
Voir Dire:
This is the legal argument concerning the admissibility of a certain part of evidence in the court. In the event that this argument should take place, the witness and the jury are sent of court until it finishes.
If you have any questions regarding a criminal charge in Brisbane, please don’t hesitate to get hold of us. Only at Guest Lawyers, we specialise in criminal law and can be happy that will help you with any questions or concerns. Our aim is to deliver honest, respectful and simple to understand legal services as a way to reduce the stress linked to your litigation.
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