The Australian courts is rife with extremely specialised terminology that a lot of people may have trouble understanding. Then when you, or someone in the area continues to be confronted with a criminal charge, it’s imperative that you comprehend the legal terminology which is prone to come up in legal documents and throughout a trial. Here we’ve provided a summary of a number of the more confusing terms and definitions often used in the Australian criminal justice system.
Acquittal:
This term is used if the magistrate, jury or appeal court see that a person is not liable in the charges against him/her.
Affidavit:
An itemized declaration made under oath before a notary public and other authorised officer. The person who has written the declaration claims that the contents are, towards the better of their knowledge, true.
Appeal:
To generate an appeal would be to have a case to a higher court in order to challenge a determination manufactured by a lower court or tribunal. For example, an appeal from your decision in the Federal Circuit Court of Australia could possibly be made to the Federal Court. The individual that appeals is known as the ‘appellant’. However, it’s worth noting that not all decisions could be appealed.
Committal Hearing:
It is a hearing of all evidence that supports the charge within the lower court by way of a magistrate who decides if you find sufficient evidence for that case to attend trial. In a few committal hearings, there might be witnesses that are needed to provide evidence.
Complainant:
Here is the term used in the court to consult the victim in the crime committed.
Defendant:
Here is the term used in the court to consult the person who is being charged with a criminal offence. This term is interchangeable with ‘the accused’.
Deposition:
It is a typed copy in the evidence recorded in the court.
Exhibits:
All evidence (in addition to evidence given by the witnesses) needed to present the case towards the court, for example photographs, clothing, documents or other goods that could possibly be tightly related to the case.
Indictable Offence:
A life threatening Lawyer Brisbane which is commonly heard inside a higher court before the court and a jury. Less serious indictable offences, known as summary offences, usually are heard inside a Local Court.
Indictment:
It is a formal written accusation charging having it . an offence which is should have been tried inside a higher court.
Jurisdiction:
Here is the extent of legal authority/power in the Court to make use of legislation. For example, in Australia the Federal Court has jurisdiction under a lot more than 150 Acts in the Commonwealth Parliament.
Mediation:
It is a process whereby an impartial 3rd party, referred to as the mediator, assists with leading to a compromise or agreed settlement without requiring your choice of an Court.
Plaintiff:
Here is the term used to consult the individual or party who initiates a civil action. In other words, this is actually the person or party who brings a case against the defendant, and seeks punishment for that person or those who committed the crime.
Plea:
This is how the accused person (the defendant) tells a legal court if they are guilty or not doing the charge against them. If your accused pleads guilty, an effort will not come about along with the case proceeds to a sentencing hearing, which determines the punishment for that crime.
Subpoena:
A subpoena compels each side someone at a trial in order to testify and/or produce documents. It is a court order, and when it’s disobeyed, the disobedient person could possibly be in contempt of court.
Voir Dire:
It is a legal argument concerning the admissibility of an certain bit of evidence in the court. In the event that this argument should take place, the witness along with the jury are mailed of court until it finishes.
For those who have any queries regarding a criminal charge in Brisbane, please don’t hesitate to get hold of us. At Guest Lawyers, we concentrate on criminal law and can be more than happy to help you with any queries or concerns. Goal to deliver honest, respectful and simple to understand legal services in order to slow up the stress connected with your litigation.
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