The Australian judicial system is rife with extremely specialised terminology that many people could possibly have trouble understanding. So when you, or someone in your area has been up against a criminal charge, it’s vital that you see the legal terminology which is likely to show up in legal documents and throughout a trial. Here we’ve provided a directory of a few of the more confusing terms and definitions often found in the Australian criminal justice system.
Acquittal:
This term is employed when the magistrate, jury or appeal court find that one is not guilty in the charges against him/her.
Affidavit:
A written declaration made under oath before a notary public or other authorised officer. The person who has written the declaration claims that the contents are, on the better of their knowledge, true.
Appeal:
To generate an appeal would be to please take a case into a higher court as a way to challenge a choice manufactured by less court or tribunal. For instance, an appeal from a decision in the Federal Circuit Court of Australia could possibly be designed to the Federal Court. The one who appeals is termed the ‘appellant’. However, it’s important to note that not all decisions could be appealed.
Committal Hearing:
It is a hearing of all of the evidence that props up the charge inside the lower court by a magistrate who decides if you have sufficient evidence for that case to attend trial. In certain committal hearings, there could be witnesses who are necessary to provide evidence.
Complainant:
This is actually the expression used problem to consult the victim in the crime committed.
Defendant:
This is actually the expression used problem to consult the one who is being faced with a criminal offence. This term is interchangeable with ‘the accused’.
Deposition:
It is a typed copy in the evidence recorded problem.
Exhibits:
All evidence (besides evidence supplied by the witnesses) necessary to present the truth on the court, including photographs, clothing, documents or some other items which could possibly be tightly related to the truth.
Indictable Offence:
A serious Lawyers in Brisbane which is commonly heard within a higher court before a judge and a jury. Less serious indictable offences, known as summary offences, are usually heard within a Local Court.
Indictment:
It is a formal written accusation charging having it . an offence which is intended to be tried within a higher court.
Jurisdiction:
This is actually the extent of legal authority/power in the Court to make use of legislation. For instance, around australia the Federal Court has jurisdiction under greater than 150 Acts in the Commonwealth Parliament.
Mediation:
It is a process whereby a neutral alternative party, referred to as mediator, assists in contributing to a compromise or agreed settlement without requiring your decision of the Court.
Plaintiff:
This is actually the expression used to consult anyone or party who initiates a civil action. Put simply, this is the person or party who brings an incident contrary to the defendant, and seeks punishment for that person or those who committed the crime.
Plea:
This is when the accused person (the defendant) tells the judge whether they are guilty you aren’t doing the charge against them. If your accused pleads guilty, a trial will not occur as well as the case proceeds into a sentencing hearing, which determines the punishment for that crime.
Subpoena:
A subpoena compels the appearance of an individual at the trial as a way to testify and/or produce documents. It is a order from the court, if it’s disobeyed, the disobedient person may be in contempt of court.
Voir Dire:
It is a legal argument concerning the admissibility of the certain bit of evidence problem. In the event that this argument should happen, the witness as well as the jury are mailed of court until it finishes.
In case you have any queries regarding a criminal charge in Brisbane, please don’t hesitate to make contact with us. Here at Guest Lawyers, we specialize in criminal law and would be delighted to help you with any queries or concerns. Our aim is to supply honest, respectful and straightforward to understand legal services as a way to slow up the stress associated with your litigation.
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