The Australian legislation is rife with extremely specialised terminology that most people might have trouble understanding. When you, or someone near to you continues to be faced with a criminal charge, it’s imperative that you view the legal terminology that’s likely to come up in legal documents and after a trial. Here we’ve provided a summary of some of the more confusing terms and definitions often used in the Australian criminal justice system.


Acquittal:
This term can be used once the magistrate, jury or appeal court realize that you were innocent with the charges against him/her.
Affidavit:
A written declaration made under oath before a notary public or other authorised officer. The one who has written the declaration states that the contents are, for the better of their knowledge, true.
Appeal:
To produce an appeal is usually to take a case to some higher court in order to challenge a decision manufactured by a lesser court or tribunal. For example, an appeal from a decision with the Federal Circuit Court of Australia could possibly be designed to the government Court. The one that appeals is known as the ‘appellant’. However, it really is important to note that does not all decisions may be appealed.
Committal Hearing:
This is a hearing of all of the evidence that sports ths charge inside the lower court by the magistrate who decides if you find sufficient evidence for that case to visit trial. In a few committal hearings, there can be witnesses that are needed to provide evidence.
Complainant:
This is the expression used in the court to refer to the victim with the crime committed.
Defendant:
This is the expression used in the court to refer to the one who is being involved in a criminal offence. This term is interchangeable with ‘the accused’.
Deposition:
This is a typed copy with the evidence recorded in the court.
Exhibits:
All evidence (aside from evidence provided by the witnesses) needed to present the truth for the court, such as photographs, clothing, documents or any other things that could possibly be highly relevant to the truth.

Indictable Offence:
A significant Criminal law firms Brisbane that’s commonly heard in the higher court before a judge along with a jury. Less serious indictable offences, called summary offences, are generally heard in the Local Court.
Indictment:
This is a formal written accusation charging a person with an offence that’s should have been tried in the higher court.
Jurisdiction:
This is the extent of legal authority/power with the Court to use what the law states. For example, around australia the government Court has jurisdiction under over 150 Acts with the Commonwealth Parliament.
Mediation:
This is a process whereby a neutral 3rd party, called the mediator, aids in causing an agreement or agreed settlement without requiring your choice of a Court.
Plaintiff:
This is the expression used to refer to anyone or party who initiates a civil action. Put simply, here is the person or party who brings an incident contrary to the defendant, and seeks punishment for that person or individuals who committed the crime.
Plea:
This is how the accused person (the defendant) tells legal court whether or not they are guilty or otherwise guilty of the charge against them. When the accused pleads guilty, a shot will not take place and also the case proceeds to some sentencing hearing, which determines the punishment for that crime.
Subpoena:
A subpoena compels the appearance of an individual with a trial in order to testify and/or produce documents. This is a court ruling, and when it really is disobeyed, the disobedient person could be in contempt of court.
Voir Dire:
This is a legal argument about the admissibility of a certain little bit of evidence in the court. If this argument should take place, the witness and also the jury are sent of court until it finishes.

In case you have any questions regarding a criminal charge in Brisbane, please don’t hesitate to get hold of us. Only at Guest Lawyers, we specialize in criminal law and will be more than pleased that may help you with any questions or concerns. The purpose to deliver honest, respectful and straightforward to know legal advice in order to decrease the stress related to your litigation.
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