The Australian judicial system is rife with extremely specialised terminology that many people might have trouble understanding. Then when you, or someone near to you has become facing a criminal charge, it’s imperative that you understand the legal terminology that is certainly prone to show up in legal documents and within a trial. Here we’ve provided a listing of some of the more confusing terms and definitions often employed in the Australian criminal justice system.
Acquittal:
This term is employed when the magistrate, jury or appeal court realize that a person is not guilty with the charges against him/her.
Affidavit:
A written declaration made under oath before a notary public or another authorised officer. The one who has written the declaration claims that the contents are, on the better of their knowledge, true.
Appeal:
To create an appeal is always to please take a case to some higher court so that you can challenge a choice produced by a lesser court or tribunal. For instance, an appeal coming from a decision with the Federal Circuit Court of Australia may be created to the federal government Court. The one that appeals is known as the ‘appellant’. However, it really is worth noting that not all decisions may be appealed.
Committal Hearing:
This is the hearing of all the so-called evidence that props up charge in the lower court by a magistrate who decides if there is sufficient evidence for that case to visit trial. In a few committal hearings, there can be witnesses who will be forced to provide evidence.
Complainant:
This is the term used in the court to consult the victim with the crime committed.
Defendant:
This is the term used in the court to consult the person who will be involved in an offence. This term is interchangeable with ‘the accused’.
Deposition:
This is the typed copy with the evidence recorded in the court.
Exhibits:
All evidence (aside from evidence furnished by the witnesses) forced to present the situation on the court, for example photographs, clothing, documents or some other goods that may be tightly related to the situation.
Indictable Offence:
A significant Criminal law firms Brisbane that is certainly commonly heard in the higher court before a judge along with a jury. Less serious indictable offences, referred to as summary offences, usually are heard in the Local Court.
Indictment:
This is the formal written accusation charging you are not an offence that is certainly should have been tried in the higher court.
Jurisdiction:
This is the extent of legal authority/power with the Court to utilize regulations. For instance, around australia the federal government Court has jurisdiction under more than 150 Acts with the Commonwealth Parliament.
Mediation:
This is the process whereby an impartial vacation, referred to as mediator, aids in leading to an agreement or agreed settlement without requiring your choice of the Court.
Plaintiff:
This is the term used to consult anyone or party who initiates a civil action. In other words, this is the person or party who brings an instance from the defendant, and seeks punishment for that person or individuals who committed the crime.
Plea:
This is when the accused person (the defendant) tells a legal court whether they are guilty or otherwise responsible for the charge against them. When the accused pleads guilty, a trial is not going to take place and also the case proceeds to some sentencing hearing, which determines the punishment for that crime.
Subpoena:
A subpoena compels each side someone at a trial so that you can testify and/or produce documents. This is the court order, of course, if it really is disobeyed, the disobedient person may be in contempt of court.
Voir Dire:
This is the legal argument in regards to the admissibility of the certain piece of evidence in the court. 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 inquiries regarding a criminal charge in Brisbane, please don’t hesitate to call us. Right here at Guest Lawyers, we specialize in criminal law and can be happy to help you with inquiries or concerns. Goal to supply honest, respectful as well as simple to be aware of legal services so that you can decrease the stress related to your litigation.
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