The Australian legal system is rife with extremely specialised terminology that a lot of people could have trouble understanding. While you, or someone near to you continues to be up against a criminal charge, it’s crucial that you comprehend the legal terminology that is more likely to show 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 found in the Australian criminal justice system.
Acquittal:
This term is used if the magistrate, jury or appeal court discover that an individual is simple of 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, to the best of their knowledge, true.
Appeal:
To produce an appeal is to have a case to a higher court as a way to challenge a determination produced by a lower court or tribunal. As an example, an appeal coming from a decision of the Federal Circuit Court of Australia could possibly be made to the Federal Court. The one that appeals is termed the ‘appellant’. However, it can be important to note that all decisions can be appealed.
Committal Hearing:
It is a hearing of all the so-called evidence that props up charge inside the lower court by way of a magistrate who decides when there is sufficient evidence for that case to visit trial. In a few committal hearings, there might be witnesses who are necessary to provide evidence.
Complainant:
This can be the expression used in the court to consult the victim of the crime committed.
Defendant:
This can be the expression used in the court to consult the individual that has been faced with a criminal offence. This term is interchangeable with ‘the accused’.
Deposition:
It is a typed copy of the evidence recorded in the court.
Exhibits:
All evidence (besides evidence provided by the witnesses) necessary to present the situation to the court, for example photographs, clothing, documents or any other goods that could possibly be relevant to the situation.
Indictable Offence:
A significant Brisbane criminal lawyers that is commonly heard inside a higher court before the court and a jury. Less serious indictable offences, known as summary offences, are often heard inside a Local Court.
Indictment:
It is a formal written accusation charging you are not an offence that is intended as tried inside a higher court.
Jurisdiction:
This can be the extent of legal authority/power of the Court to utilize regulations. As an example, nationwide the Federal Court has jurisdiction under greater than 150 Acts of the Commonwealth Parliament.
Mediation:
It is a process whereby an impartial vacation, called the mediator, aids in contributing to an agreement or agreed settlement without requiring your decision of an Court.
Plaintiff:
This can be the expression used to consult anybody or party who initiates a civil action. To put it differently, here is the person or party who brings an instance contrary to the defendant, and seeks punishment for that person or individuals who committed the crime.
Plea:
This is where the accused person (the defendant) tells a legal court whether are guilty or otherwise doing the charge against them. If the accused pleads guilty, a trial will not take place along with the case proceeds to a sentencing hearing, which determines the punishment for that crime.
Subpoena:
A subpoena compels the look of a person with a trial as a way to testify and/or produce documents. It is a court order, of course, if it can be disobeyed, the disobedient person might be in contempt of court.
Voir Dire:
It is a legal argument concerning the admissibility of an certain part of evidence in the court. If this argument should take place, the witness along with the jury are sent of court until it finishes.
For those who have questions regarding a criminal charge in Brisbane, please don’t hesitate to call us. Only at Guest Lawyers, we specialize in criminal law and will be more than pleased to help you with questions or concerns. Goal to offer honest, respectful and straightforward to know legal services as a way to slow up the stress related to your litigation.
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