The Australian judicial system is rife with extremely specialised terminology that a majority of people could possibly have trouble understanding. So when you, or someone in your area has become facing a criminal charge, it’s important to see the legal terminology which is planning to appear in legal documents and throughout a trial. Here we’ve provided a list of some of the more confusing terms and definitions often utilized in the Australian criminal justice system.
Acquittal:
This term is employed once the magistrate, jury or appeal court see that a person is not liable with the charges against him/her.
Affidavit:
An itemized declaration made under oath before a notary public or other authorised officer. The person who has written the declaration claims that the contents are, towards the better of their knowledge, true.
Appeal:
To produce an appeal would be to require a case into a higher court as a way to challenge a decision made by a reduced court or tribunal. By way of example, an appeal from the decision with the Federal Circuit Court of Australia could possibly be built to the federal government Court. The person who appeals is termed the ‘appellant’. However, it really is worth noting that not all decisions may be appealed.
Committal Hearing:
This is the hearing of all of the evidence that props up charge in the lower court by the magistrate who decides if there is sufficient evidence for your case to go to trial. In certain committal hearings, there may be witnesses who will be necessary to provide evidence.
Complainant:
This is the expression used in the courtroom to refer to the victim with the crime committed.
Defendant:
This is the expression used in the courtroom to refer to the one who has been involved in a criminal offence. This term is interchangeable with ‘the accused’.
Deposition:
This is the typed copy with the evidence recorded in the courtroom.
Exhibits:
All evidence (in addition to evidence provided by the witnesses) necessary to present the truth towards the court, including photographs, clothing, documents or another items which could possibly be relevant to the truth.
Indictable Offence:
A serious Brisbane lawyer which is commonly heard in a higher court before the court and a jury. Less serious indictable offences, termed as summary offences, are generally heard in a Local Court.
Indictment:
This is the formal written accusation charging a person with an offence which is intended as tried in a higher court.
Jurisdiction:
This is the extent of legal authority/power with the Court to apply legislation. By way of example, nationwide the federal government 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 mediator, assists in leading to an agreement or agreed settlement without requiring the decision of a Court.
Plaintiff:
This is the expression used to refer to anyone or party who initiates a civil action. Quite simply, this is the person or party who brings an instance against the defendant, and seeks punishment for your person or those who committed the crime.
Plea:
This is the time the accused person (the defendant) tells legal court whether are guilty or otherwise not responsible for the charge against them. If your accused pleads guilty, an effort is not going to happen and the case proceeds into a sentencing hearing, which determines the punishment for your crime.
Subpoena:
A subpoena compels each side an individual at a trial as a way to testify and/or produce documents. This is the court ruling, and when it really is disobeyed, the disobedient person could be in contempt of court.
Voir Dire:
This is the legal argument about the admissibility of a certain little bit of evidence in the courtroom. In the event that this argument should happen, the witness and the jury are sent out of court until it finishes.
For those who have any questions regarding a criminal charge in Brisbane, please don’t hesitate to make contact with us. Only at Guest Lawyers, we focus on criminal law and would be more than happy that may help you with any questions or concerns. Goal to deliver honest, respectful and simple to understand legal advice as a way to slow up the stress connected with your litigation.
More information about Brisbane lawyer see our new website: check here