The Australian judicial system is rife with extremely specialised terminology that a majority of people might have trouble understanding. While you, or someone close to you has become faced with a criminal charge, it’s crucial that you understand the legal terminology that is prone to show up in legal documents and within a trial. Here we’ve provided a directory of many of the more confusing terms and definitions often employed in the Australian criminal justice system.
Acquittal:
This term can be used when the magistrate, jury or appeal court discover that an individual is not liable from the charges against him/her.
Affidavit:
An itemized declaration made under oath before a notary public or other authorised officer. The individual who has written the declaration states that the contents are, for the better of their knowledge, true.
Appeal:
To create an appeal is to take a case into a higher court in order to challenge a choice produced by a reduced court or tribunal. For instance, an appeal from your decision from the Federal Circuit Court of Australia might be made to the federal government Court. The one that appeals is known as the ‘appellant’. However, it can be worth noting that does not all decisions can be appealed.
Committal Hearing:
This is the hearing of all evidence that supports the charge from the lower court by a magistrate who decides if there is sufficient evidence to the case to go to trial. In a few committal hearings, there could be witnesses that are forced to provide evidence.
Complainant:
This is actually the saying used in court to consult the victim from the crime committed.
Defendant:
This is actually the saying used in court to consult the person who has been arrested for a criminal offence. This term is interchangeable with ‘the accused’.
Deposition:
This is the typed copy from the evidence recorded in court.
Exhibits:
All evidence (besides evidence given by the witnesses) forced to present the situation for the court, such as photographs, clothing, documents or some other things that might be relevant to the situation.
Indictable Offence:
A life threatening Criminal lawyers Brisbane that is commonly heard within a higher court before the court as well as 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 having it . an offence that is intended to be tried within a higher court.
Jurisdiction:
This is actually the extent of legal authority/power from the Court to use the law. For instance, australia wide the federal government Court has jurisdiction under greater than 150 Acts from the Commonwealth Parliament.
Mediation:
This is the process whereby an impartial alternative party, known as the mediator, assists with contributing to an agreement or agreed settlement without requiring the choice of an Court.
Plaintiff:
This is actually the saying used to consult anybody or party who initiates a civil action. In other words, this is actually the person or party who brings in a situation against the defendant, and seeks punishment to the person or those who committed the crime.
Plea:
This is where the accused person (the defendant) tells a legal court whether they are guilty or not responsible for the charge against them. If the accused pleads guilty, a trial won’t happen as well as the case proceeds into a sentencing hearing, which determines the punishment to the crime.
Subpoena:
A subpoena compels each side a person at a trial in order to testify and/or produce documents. This is the court order, and if it can be disobeyed, the disobedient person could possibly be in contempt of court.
Voir Dire:
This is the legal argument regarding the admissibility of an certain bit of evidence in court. In the case that this argument should occur, the witness as well as the jury are sent of court until it finishes.
In case you have any questions regarding a criminal charge in Brisbane, please don’t hesitate to make contact with us. Here at Guest Lawyers, we focus on criminal law and will be more than happy to help you with any questions or concerns. The purpose to provide honest, respectful as well as simple to comprehend legal services in order to reduce the stress connected with your litigation.
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