The Australian courts is rife with extremely specialised terminology that a majority of people could possibly have trouble understanding. So when you, or someone in your area may be up against a criminal charge, it’s important to see the legal terminology which is more likely to show up in legal documents and in a trial. Here we’ve provided a summary of many of the more confusing terms and definitions often found in the Australian criminal justice system.
Acquittal:
This term is employed in the event the magistrate, jury or appeal court realize that you were innocent of the charges against him/her.
Affidavit:
An itemized declaration made under oath before a notary public or other authorised officer. The individual that has written the declaration claims that the contents are, to the best their knowledge, true.
Appeal:
To generate an appeal is to please take a case to some higher court to be able to challenge a choice created by a lesser court or tribunal. For instance, an appeal from a decision of the Federal Circuit Court of Australia could be created to the Federal Court. The one who appeals is known as the ‘appellant’. However, it is worth noting that doesn’t all decisions might be appealed.
Committal Hearing:
This is a hearing of all of the evidence that props up charge inside the lower court by a magistrate who decides when there is sufficient evidence for the case to venture to trial. In most committal hearings, there might be witnesses who are needed to provide evidence.
Complainant:
This is the expression used in the court to consult the victim of the crime committed.
Defendant:
This is the expression used in the court to consult the one who will be charged with an offence. This term is interchangeable with ‘the accused’.
Deposition:
This is a typed copy of the evidence recorded in the court.
Exhibits:
All evidence (aside from evidence provided by the witnesses) needed to present the case to the court, like photographs, clothing, documents or another items which could be tightly related to the case.
Indictable Offence:
A life threatening Lawyers in Brisbane which is commonly heard inside a higher court before the court and a jury. Less serious indictable offences, called summary offences, are usually heard inside a Local Court.
Indictment:
This is a formal written accusation charging you are not an offence which is supposed to have been tried inside a higher court.
Jurisdiction:
This is the extent of legal authority/power of the Court to utilize legislation. For instance, nationwide the Federal Court has jurisdiction under more than 150 Acts of the Commonwealth Parliament.
Mediation:
This is a process whereby an impartial vacation, known as the mediator, assists in causing an agreement or agreed settlement without requiring the choice of an Court.
Plaintiff:
This is the expression used to consult the individual or party who initiates a civil action. To put it differently, here is the person or party who brings a case against the defendant, and seeks punishment for the person or those who committed the crime.
Plea:
This is how the accused person (the defendant) tells the court whether or not they are guilty you aren’t doing the charge against them. In the event the accused pleads guilty, an effort won’t come about along with the case proceeds to some sentencing hearing, which determines the punishment for the crime.
Subpoena:
A subpoena compels the look of an individual in a trial to be able to testify and/or produce documents. This is a order from the court, if it is disobeyed, the disobedient person might be in contempt of court.
Voir Dire:
This is a legal argument in regards to the admissibility of an certain part of evidence in the court. In the case that this argument should take place, the witness along with the jury are delivered of court until it finishes.
For those who have inquiries regarding a criminal charge in Brisbane, please don’t hesitate to call us. Here at Guest Lawyers, we focus on criminal law and could be more than happy that will help you with inquiries or concerns. Our aim is to offer honest, respectful and straightforward to be aware of legal services to be able to reduce the stress related to your litigation.
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