The Australian courts is rife with extremely specialised terminology that many people could have trouble understanding. So when you, or someone in the area may be faced with a criminal charge, it’s crucial that you understand the legal terminology that’s prone to appear in legal documents and within a trial. Here we’ve provided a listing of a few of the more confusing terms and definitions often used in the Australian criminal justice system.
Acquittal:
This term is utilized in the event the magistrate, jury or appeal court discover that a person is not liable with the charges against him/her.
Affidavit:
A written declaration made under oath before a notary public or another authorised officer. The person who has written the declaration states that the contents are, for the best of their knowledge, true.
Appeal:
To produce an appeal is to please take a case to some higher court to be able to challenge a decision manufactured by less court or tribunal. By way of example, an appeal from a decision with the Federal Circuit Court of Australia might be created to the Federal Court. The one that appeals is termed the ‘appellant’. However, it is worth noting that all decisions could be appealed.
Committal Hearing:
This can be a hearing of all the so-called evidence that supports the charge inside the lower court by the magistrate who decides if there is sufficient evidence for that case to visit trial. In most committal hearings, there could be witnesses who’re needed to provide evidence.
Complainant:
This is actually the expression used in the court to consult the victim with the crime committed.
Defendant:
This is actually the expression used in the court to consult the person who has been faced with a criminal offence. This term is interchangeable with ‘the accused’.
Deposition:
This can be a typed copy with the evidence recorded in the court.
Exhibits:
All evidence (besides evidence supplied by the witnesses) needed to present the case for the court, such as photographs, clothing, documents or another things that might be strongly related the case.
Indictable Offence:
A life threatening Brisbane lawyer that’s commonly heard within a higher court before the court along with a jury. Less serious indictable offences, called summary offences, are often heard within a Local Court.
Indictment:
This can be a formal written accusation charging a person with an offence that’s supposed to have been tried within a higher court.
Jurisdiction:
This is actually the extent of legal authority/power with the Court to use the law. By way of example, in Australia the Federal Court has jurisdiction under over 150 Acts with the Commonwealth Parliament.
Mediation:
This can be a process whereby a neutral third party, referred to as mediator, aids in contributing to an agreement or agreed settlement without requiring the decision of an Court.
Plaintiff:
This is actually the expression used to consult the person or party who initiates a civil action. Put simply, this can be the person or party who brings in a situation up against the defendant, and seeks punishment for that person or people that committed the crime.
Plea:
This is how the accused person (the defendant) tells the judge whether are guilty or not guilty of the charge against them. In the event the accused pleads guilty, an endeavor is not going to come about as well as the case proceeds to some sentencing hearing, which determines the punishment for that crime.
Subpoena:
A subpoena compels each side a person with a trial to be able to testify and/or produce documents. This can be a court order, and when it is disobeyed, the disobedient person may be in contempt of court.
Voir Dire:
This can be a legal argument regarding the admissibility of an certain bit of evidence in the court. In the case that this argument should occur, the witness as well as the jury are mailed of court until it finishes.
If you have questions regarding a criminal charge in Brisbane, please don’t hesitate to get hold of us. Here at Guest Lawyers, we focus on criminal law and could be more than happy that may help you with questions or concerns. Our aim is to deliver honest, respectful as well as simple to comprehend legal services to be able to lessen the stress related to your litigation.
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