The Australian courts is rife with extremely specialised terminology that a lot of people may have trouble understanding. So when you, or someone close to you may be up against a criminal charge, it’s vital that you see the legal terminology that is certainly more likely to appear in legal documents and after a trial. Here we’ve provided a directory of some of the more confusing terms and definitions often found in the Australian criminal justice system.
Acquittal:
This term can be used when the magistrate, jury or appeal court find that one is simple from the charges against him/her.
Affidavit:
An itemized declaration made under oath before a notary public or another authorised officer. The individual who has written the declaration claims that the contents are, towards the better of their knowledge, true.
Appeal:
To make an appeal is usually to take a case into a higher court in order to challenge a choice manufactured by a lower court or tribunal. For example, an appeal from the decision from the Federal Circuit Court of Australia could possibly be made to the Federal Court. The one that appeals is termed the ‘appellant’. However, it’s important to note that not all decisions may be appealed.
Committal Hearing:
This is a hearing of all of the evidence that props up charge within the lower court with a magistrate who decides when there is sufficient evidence to the case to go to trial. In certain committal hearings, there might be witnesses who’re forced to provide evidence.
Complainant:
Here is the term used problem to consult the victim from the crime committed.
Defendant:
Here is the term used problem to consult the individual that has been involved in an offence. This term is interchangeable with ‘the accused’.
Deposition:
This is a typed copy from the evidence recorded problem.
Exhibits:
All evidence (apart from evidence supplied by the witnesses) forced to present the truth towards the court, such as photographs, clothing, documents or any other items that could possibly be tightly related to the truth.
Indictable Offence:
A serious Criminal law firms Brisbane that is certainly commonly heard inside a higher court before the court along with a jury. Less serious indictable offences, known as summary offences, are often heard inside a Local Court.
Indictment:
This is a formal written accusation charging you aren’t an offence that is certainly supposed to have been tried inside a higher court.
Jurisdiction:
Here is the extent of legal authority/power from the Court to utilize legislation. For example, around australia the Federal Court has jurisdiction under greater than 150 Acts from the Commonwealth Parliament.
Mediation:
This is a process whereby an impartial 3rd party, called the mediator, aids in contributing to a compromise or agreed settlement without requiring the decision of the Court.
Plaintiff:
Here is the term used to consult the person or party who initiates a civil action. To put it differently, this can be the person or party who brings a case up against the defendant, and seeks punishment to the person or people who committed the crime.
Plea:
This is the time the accused person (the defendant) tells the judge whether or not they are guilty or otherwise guilty of the charge against them. When the accused pleads guilty, an endeavor will not come about and the case proceeds into a sentencing hearing, which determines the punishment to the crime.
Subpoena:
A subpoena compels the look off an individual at a trial in order to testify and/or produce documents. This is a court ruling, of course, if it’s disobeyed, the disobedient person may be in contempt of court.
Voir Dire:
This is a legal argument concerning the admissibility of the certain little bit of evidence problem. If this argument should occur, the witness and the jury are sent out of court until it finishes.
If you have inquiries regarding a criminal charge in Brisbane, please don’t hesitate to make contact with us. At Guest Lawyers, we specialize in criminal law and can be delighted that may help you with inquiries or concerns. Goal to supply honest, respectful as well as simple to comprehend legal counsel in order to decrease the stress related to your litigation.
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