The Australian legal system is rife with extremely specialised terminology that a lot of people could possibly have trouble understanding. Then when you, or someone close to you has become up against a criminal charge, it’s imperative that you see the legal terminology that is certainly prone to appear in legal documents and within a trial. Here we’ve provided a summary of many of the more confusing terms and definitions often found in the Australian criminal justice system.
Acquittal:
This term can be used if the magistrate, jury or appeal court see that a person is innocent from 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 claims that the contents are, to the better of their knowledge, true.
Appeal:
To create an appeal is always to require a case into a higher court as a way to challenge a choice produced by a reduced court or tribunal. By way of example, an appeal from the decision from the Federal Circuit Court of Australia could possibly be made to the government Court. The one that appeals is called the ‘appellant’. However, it really is worth noting that does not all decisions could be appealed.
Committal Hearing:
This can be a hearing of all the evidence that supports the charge in the lower court with a magistrate who decides if you have 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 actually the expression used in the courtroom to consult the victim from the crime committed.
Defendant:
This is actually the expression used in the courtroom to consult the person who has arrested for an offence. This term is interchangeable with ‘the accused’.
Deposition:
This can be a typed copy from the evidence recorded in the courtroom.
Exhibits:
All evidence (in addition to evidence supplied by the witnesses) necessary to present true to the court, including photographs, clothing, documents or some other goods that could possibly be tightly related to true.
Indictable Offence:
A critical Brisbane lawyer that is certainly commonly heard inside a higher court before the court along with a jury. Less serious indictable offences, referred to as summary offences, are generally heard inside a Local Court.
Indictment:
This can be a formal written accusation charging you aren’t an offence that is certainly intended to be tried inside a higher court.
Jurisdiction:
This is actually the extent of legal authority/power from the Court to utilize the law. By way of example, around australia the government Court has jurisdiction under more than 150 Acts from the Commonwealth Parliament.
Mediation:
This can be a process whereby an impartial third party, referred to as mediator, assists with leading to an agreement or agreed settlement without requiring your decision of an Court.
Plaintiff:
This is actually the expression used to consult the person or party who initiates a civil action. In other words, here is the person or party who brings in a situation contrary to the defendant, and seeks punishment for your person or those who committed the crime.
Plea:
This is when the accused person (the defendant) tells the court if they are guilty or not accountable for the charge against them. If your accused pleads guilty, a trial will not likely occur along with the case proceeds into a sentencing hearing, which determines the punishment for your crime.
Subpoena:
A subpoena compels the appearance of a person in a trial as a way to testify and/or produce documents. This can be a court ruling, and if it really is disobeyed, the disobedient person might be in contempt of court.
Voir Dire:
This can be a legal argument in regards to the admissibility of an certain little bit of evidence in the courtroom. If this argument should occur, the witness along with the jury are delivered of court until it finishes.
If you have any queries regarding a criminal charge in Brisbane, please don’t hesitate to get hold of us. Here at Guest Lawyers, we concentrate on criminal law and could be delighted that will help you with any queries or concerns. Goal to supply honest, respectful and easy to know legal counsel as a way to decrease the stress associated with your litigation.
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