The Australian legal system is rife with extremely specialised terminology that many people may have trouble understanding. So when you, or someone near to you has been faced with a criminal charge, it’s vital that you understand the legal terminology which is planning to come up in legal documents and within a trial. Here we’ve provided a summary of many of the more confusing terms and definitions often used in the Australian criminal justice system.
Acquittal:
This term is used if the magistrate, jury or appeal court see that you were innocent with the charges against him/her.
Affidavit:
An itemized declaration made under oath before a notary public and other authorised officer. The individual that has written the declaration claims that the contents are, for the better of their knowledge, true.
Appeal:
To generate an appeal is to take a case to a higher court as a way to challenge a decision made by less court or tribunal. By way of example, an appeal from your decision with the Federal Circuit Court of Australia could be designed to the Federal Court. The person who appeals is recognized as the ‘appellant’. However, it is important to note that all decisions could be appealed.
Committal Hearing:
This can be a hearing of all the evidence that supports the charge from the lower court by way of a magistrate who decides if you have sufficient evidence for the case to visit trial. In most committal hearings, there may be witnesses who’re needed to provide evidence.
Complainant:
This is actually the expression used problem to refer to the victim with the crime committed.
Defendant:
This is actually the expression used problem to refer to the one who has involved in an offence. This term is interchangeable with ‘the accused’.
Deposition:
This can be a typed copy with the evidence recorded problem.
Exhibits:
All evidence (aside from evidence furnished by the witnesses) needed to present the case for the court, like photographs, clothing, documents or other goods that could be highly relevant to the case.
Indictable Offence:
A critical Lawyers in Brisbane which is commonly heard within a higher court before a judge as well as a jury. Less serious indictable offences, known as summary offences, are usually heard within a Local Court.
Indictment:
This can be a formal written accusation charging a person with an offence which is supposed to have been tried within a higher court.
Jurisdiction:
This is actually the extent of legal authority/power with the Court to use what the law states. By way of example, australia wide the Federal Court has jurisdiction under a lot more than 150 Acts with the Commonwealth Parliament.
Mediation:
This can be a process whereby a neutral third party, referred to as the mediator, aids in bringing about a compromise or agreed settlement without requiring your choice of a Court.
Plaintiff:
This is actually the expression used to refer to anyone or party who initiates a civil action. In other words, this is actually the person or party who brings an incident from the defendant, and seeks punishment for the person or people who committed the crime.
Plea:
This is the time the accused person (the defendant) tells the court whether or not they are guilty or otherwise doing the charge against them. If the accused pleads guilty, an effort won’t come about and also the case proceeds to a sentencing hearing, which determines the punishment for the crime.
Subpoena:
A subpoena compels the appearance of someone at the trial as a way to testify and/or produce documents. This can be a order from the court, if it is disobeyed, the disobedient person may be in contempt of court.
Voir Dire:
This can be a legal argument about the admissibility of a certain bit of evidence problem. If this argument should happen, the witness and also the jury are sent of court until it finishes.
When you have any queries regarding a criminal charge in Brisbane, please don’t hesitate to contact us. Here at Guest Lawyers, we concentrate on criminal law and will be delighted to help you with any queries or concerns. The purpose to supply honest, respectful and straightforward to comprehend legal advice as a way to lessen the stress associated with your litigation.
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