The Australian legislation is rife with extremely specialised terminology that a majority of people could possibly have trouble understanding. Then when you, or someone in your area may be up against a criminal charge, it’s imperative that you view the legal terminology that is planning to surface in legal documents and in a trial. Here we’ve provided a listing of many of the more confusing terms and definitions often utilized in the Australian criminal justice system.


Acquittal:
This term is employed in the event the magistrate, jury or appeal court see that an individual is innocent of the charges against him/her.
Affidavit:
An itemized declaration made under oath before a notary public or another authorised officer. The person who has written the declaration states that the contents are, towards the best of their knowledge, true.
Appeal:
To produce an appeal is always to take a case to some higher court so that you can challenge a choice created by a reduced court or tribunal. By way of example, an appeal from the decision of the Federal Circuit Court of Australia may be designed to the government Court. The individual that appeals is termed the ‘appellant’. However, it really is worth noting that doesn’t all decisions might be appealed.
Committal Hearing:
It is a hearing of all evidence that props up charge from the lower court with a magistrate who decides if you find sufficient evidence for that case to attend trial. In a few committal hearings, there might be witnesses who will be needed to provide evidence.
Complainant:
This is actually the term used in the courtroom to refer to the victim of the crime committed.
Defendant:
This is actually the term used in the courtroom to refer to the one that will be faced with a criminal offence. This term is interchangeable with ‘the accused’.
Deposition:
It is a typed copy of the evidence recorded in the courtroom.
Exhibits:
All evidence (aside from evidence provided by the witnesses) needed to present the truth towards the court, including photographs, clothing, documents or another things that may be strongly related the truth.

Indictable Offence:
A serious Brisbane criminal lawyer that is commonly heard in a higher court before a judge plus a jury. Less serious indictable offences, known as summary offences, are generally heard in a Local Court.
Indictment:
It is a formal written accusation charging you are not an offence that is intended to be tried in a higher court.
Jurisdiction:
This is actually the extent of legal authority/power of the Court to utilize legislation. By way of example, around australia the government Court has jurisdiction under greater than 150 Acts of the Commonwealth Parliament.
Mediation:
It is a process whereby a neutral vacation, referred to as mediator, assists in leading to an agreement or agreed settlement without requiring the choice of an Court.
Plaintiff:
This is actually the term used to refer to anyone or party who initiates a civil action. In other words, this can be the person or party who brings in a situation against the defendant, and seeks punishment for that person or people that committed the crime.
Plea:
This is the time the accused person (the defendant) tells the judge whether are guilty or otherwise accountable for the charge against them. When the accused pleads guilty, a trial won’t occur and also the case proceeds to some sentencing hearing, which determines the punishment for that crime.
Subpoena:
A subpoena compels the look of a person at a trial so that you can testify and/or produce documents. It is a order from the court, if it really is disobeyed, the disobedient person could be in contempt of court.
Voir Dire:
It is a legal argument regarding the admissibility of an certain part of evidence in the courtroom. In the event that this argument should happen, the witness and also the jury are sent out of court until it finishes.

If you have any queries regarding a criminal charge in Brisbane, please don’t hesitate to get hold of us. Only at Guest Lawyers, we specialise in criminal law and could be more than happy to assist you with any queries or concerns. Our aim is to deliver honest, respectful and straightforward to know legal counsel so that you can reduce the stress linked to your litigation.
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