The Australian legislation is rife with extremely specialised terminology that a majority of people may have trouble understanding. So when you, or someone close to you continues to be confronted with a criminal charge, it’s crucial that you comprehend the legal terminology which is more likely to appear in legal documents and throughout a trial. Here we’ve provided a summary of some 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 find that you were innocent with the charges against him/her.
Affidavit:
An itemized declaration made under oath before a notary public or another authorised officer. The individual that has written the declaration claims that the contents are, to the best of their knowledge, true.
Appeal:
To produce an appeal is to have a case with a higher court so that you can challenge a determination manufactured by a reduced court or tribunal. By way of example, an appeal coming from a decision with the Federal Circuit Court of Australia could be made to the Federal Court. The one that appeals is termed the ‘appellant’. However, it really is worth noting that does not all decisions can be appealed.
Committal Hearing:
This is the hearing of all of the evidence that supports the charge from the lower court by the magistrate who decides if you have sufficient evidence for your case to visit trial. In certain committal hearings, there may be witnesses that are required to provide evidence.
Complainant:
This is actually the term used in the court to consult the victim with the crime committed.
Defendant:
This is actually the term used in the court to consult the one that has been charged with a criminal offence. This term is interchangeable with ‘the accused’.
Deposition:
This is the typed copy with the evidence recorded in the court.
Exhibits:
All evidence (besides evidence provided by the witnesses) required to present true to the court, such as photographs, clothing, documents or any other items that could be relevant to true.

Indictable Offence:
A life threatening Lawyer Brisbane which is commonly heard inside a higher court before a judge plus a jury. Less serious indictable offences, called summary offences, are usually heard inside a Local Court.
Indictment:
This is the formal written accusation charging having it . an offence which is intended as tried inside a higher court.
Jurisdiction:
This is actually the extent of legal authority/power with the Court to use what the law states. By way of example, nationwide the Federal Court has jurisdiction under more than 150 Acts with the Commonwealth Parliament.
Mediation:
This is the process whereby an impartial alternative party, referred to as mediator, assists in contributing to a compromise or agreed settlement without requiring your choice of an Court.
Plaintiff:
This is actually the term used to consult anybody or party who initiates a civil action. Quite simply, this is the person or party who brings a case contrary to the defendant, and seeks punishment for your person or those who committed the crime.
Plea:
This is how the accused person (the defendant) tells legal court whether they are guilty or otherwise not doing the charge against them. In the event the accused pleads guilty, an endeavor will not happen as well as the case proceeds with a sentencing hearing, which determines the punishment for your crime.
Subpoena:
A subpoena compels the appearance of someone at the trial so that you can testify and/or produce documents. This is the court order, and when it really is disobeyed, the disobedient person might be in contempt of court.
Voir Dire:
This is the legal argument about the admissibility of an certain piece of evidence in the court. In the case that this argument should take place, the witness as well as the jury are sent out of court until it finishes.

When you 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 would be more than happy that will help you with questions or concerns. Goal to provide honest, respectful and simple to be aware of legal advice so that you can lessen the stress associated with your litigation.
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