The Australian legal system 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 facing a criminal charge, it’s crucial that you understand the legal terminology that is certainly more likely to come up in legal documents and in a trial. Here we’ve provided a list of some of the more confusing terms and definitions often used in the Australian criminal justice system.
Acquittal:
This term can be used when the magistrate, jury or appeal court see that an individual is simple in the charges against him/her.
Affidavit:
An itemized declaration made under oath before a notary public and other authorised officer. The individual that has written the declaration claims that the contents are, for the best their knowledge, true.
Appeal:
To create an appeal is to take a case to a higher court as a way to challenge a choice created by a lesser court or tribunal. As an example, an appeal from the decision in the Federal Circuit Court of Australia could possibly be built to the government Court. The one that appeals is termed the ‘appellant’. However, it really is important to note that does not all decisions can be appealed.
Committal Hearing:
It is a hearing of all of the evidence that props up charge in the lower court by a magistrate who decides if you find sufficient evidence for the case to visit trial. In most committal hearings, there might be witnesses who’re necessary to provide evidence.
Complainant:
This can be the term used problem to consult the victim in the crime committed.
Defendant:
This can be the term used problem to consult the one that has been involved in an offence. This term is interchangeable with ‘the accused’.
Deposition:
It is a typed copy in the evidence recorded problem.
Exhibits:
All evidence (besides evidence given by the witnesses) necessary to present true for the court, for example photographs, clothing, documents or some other items which could possibly be highly relevant to true.
Indictable Offence:
A life threatening Lawyers in Brisbane that is certainly commonly heard inside a higher court before a judge along with a jury. Less serious indictable offences, called summary offences, are usually heard inside a Local Court.
Indictment:
It is a formal written accusation charging you aren’t an offence that is certainly intended to be tried inside a higher court.
Jurisdiction:
This can be the extent of legal authority/power in the Court to make use of the law. As an example, around australia the government Court has jurisdiction under over 150 Acts in the Commonwealth Parliament.
Mediation:
It is a process whereby an impartial vacation, referred to as the mediator, assists in bringing about an agreement or agreed settlement without requiring the choice of an Court.
Plaintiff:
This can be the term used to consult the person or party who initiates a civil action. In other words, this is the person or party who brings an incident from the defendant, and seeks punishment for the person or those who committed the crime.
Plea:
This is how the accused person (the defendant) tells legal court whether are guilty or otherwise doing the charge against them. In the event the accused pleads guilty, a trial will not come about and the case proceeds to a sentencing hearing, which determines the punishment for the crime.
Subpoena:
A subpoena compels the look of a person in a trial as a way to testify and/or produce documents. It is a court order, and when it really is disobeyed, the disobedient person might be in contempt of court.
Voir Dire:
It is a legal argument in regards to the admissibility of an certain bit of evidence problem. If this argument should occur, the witness and the jury are sent of court until it finishes.
When you have inquiries regarding a criminal charge in Brisbane, please don’t hesitate to make contact with us. Right here at Guest Lawyers, we concentrate on criminal law and can be more than happy to help you with inquiries or concerns. The purpose to deliver honest, respectful and simple to understand legal services as a way to reduce the stress connected with your litigation.
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