The Australian legislation is rife with extremely specialised terminology that most people might have trouble understanding. So when you, or someone close to you may be confronted with a criminal charge, it’s important to see the legal terminology which is planning to show up in legal documents and after 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 when the magistrate, jury or appeal court realize that one is innocent with the charges against him/her.
Affidavit:
An itemized declaration made under oath before a notary public or any other authorised officer. The individual who has written the declaration claims that the contents are, for the best of their knowledge, true.
Appeal:
To create an appeal would be to take a case to a higher court so that you can challenge a determination made by less court or tribunal. By way of example, an appeal from a decision with the Federal Circuit Court of Australia could possibly be created to the Federal Court. The one who appeals is known as the ‘appellant’. However, it can be important to note that all decisions can be appealed.
Committal Hearing:
This is the hearing of all the evidence that sports ths charge from the lower court by the magistrate who decides if you find sufficient evidence to the case to visit trial. In a few committal hearings, there can be witnesses who will be needed to provide evidence.
Complainant:
This is the expression used in court to refer to the victim with the crime committed.
Defendant:
This is the expression used in court to refer to the person who will be charged with a criminal offence. This term is interchangeable with ‘the accused’.
Deposition:
This is the typed copy with the evidence recorded in court.
Exhibits:
All evidence (besides evidence provided by the witnesses) needed to present the truth for the court, like photographs, clothing, documents or another items that could possibly be strongly related the truth.
Indictable Offence:
A serious Brisbane criminal lawyer which is commonly heard in the higher court before the court plus a jury. Less serious indictable offences, known as summary offences, usually are heard in the Local Court.
Indictment:
This is the formal written accusation charging having it . an offence which is should have been tried in the higher court.
Jurisdiction:
This is the extent of legal authority/power with the Court to utilize what the law states. By way of example, around australia the Federal Court has jurisdiction under a lot more than 150 Acts with the Commonwealth Parliament.
Mediation:
This is the process whereby an impartial 3rd party, referred to as the mediator, assists in contributing to an agreement or agreed settlement without requiring the choice of a Court.
Plaintiff:
This is the expression used to refer to anybody or party who initiates a civil action. To put it differently, this is actually the person or party who brings an instance up against the defendant, and seeks punishment to the person or those who committed the crime.
Plea:
This is the time the accused person (the defendant) tells legal court if they are guilty or not doing the charge against them. If the accused pleads guilty, an endeavor will not take place and also the case proceeds to a sentencing hearing, which determines the punishment to the crime.
Subpoena:
A subpoena compels each side somebody with a trial so that you can testify and/or produce documents. This is the court ruling, and if it can be disobeyed, the disobedient person could possibly be in contempt of court.
Voir Dire:
This is the legal argument in regards to the admissibility of a certain bit of evidence in court. If this argument should take place, the witness and also the jury are sent of court until it finishes.
In case you have questions regarding a criminal charge in Brisbane, please don’t hesitate to call us. Here at Guest Lawyers, we specialise in criminal law and could be happy that will help you with questions or concerns. Goal to deliver honest, respectful and simple to understand legal counsel so that you can reduce the stress related to your litigation.
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