The Australian legislation is rife with extremely specialised terminology that many people may have trouble understanding. While you, or someone in the area has been confronted with a criminal charge, it’s important to view the legal terminology that is prone to surface in legal documents and throughout a trial. Here we’ve provided a listing of some of the more confusing terms and definitions often used in the Australian criminal justice system.
Acquittal:
This term is used when the magistrate, jury or appeal court see that an individual is not liable with the charges against him/her.
Affidavit:
An itemized 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 best their knowledge, true.
Appeal:
To create an appeal is always to take a case to a higher court in order to challenge a choice produced by a reduced court or tribunal. For example, an appeal from your decision with the Federal Circuit Court of Australia may be designed to the government Court. The individual that appeals is termed the ‘appellant’. However, it really is worth noting that doesn’t all decisions could be appealed.
Committal Hearing:
This is a hearing of all the so-called evidence that props up charge inside the lower court by way of a magistrate who decides if there is sufficient evidence to the case to go to trial. In a few committal hearings, there might be witnesses who’re required to provide evidence.
Complainant:
This is actually the expression used in the court to refer to the victim with the crime committed.
Defendant:
This is actually the expression used in the court to refer to the one who is being involved in a criminal offence. This term is interchangeable with ‘the accused’.
Deposition:
This is a typed copy with the evidence recorded in the court.
Exhibits:
All evidence (apart from evidence furnished by the witnesses) required to present the truth on the court, such as photographs, clothing, documents or another goods that may be strongly related the truth.
Indictable Offence:
A life threatening Lawyer Brisbane that is commonly heard in a higher court before a judge and a jury. Less serious indictable offences, known as summary offences, are generally heard in a Local Court.
Indictment:
This is a formal written accusation charging having it . an offence that is should have been tried in a higher court.
Jurisdiction:
This is actually the extent of legal authority/power with the Court to apply regulations. For example, nationwide the government Court has jurisdiction under greater than 150 Acts with the Commonwealth Parliament.
Mediation:
This is a process whereby an impartial alternative party, referred to as mediator, assists with causing an agreement or agreed settlement without requiring your choice of the Court.
Plaintiff:
This is actually the expression used to refer to anyone or party who initiates a civil action. Quite simply, here is the person or party who brings a case up against the defendant, and seeks punishment to the person or people that committed the crime.
Plea:
This is where the accused person (the defendant) tells a legal court whether or not they are guilty or not accountable for the charge against them. When the accused pleads guilty, a shot is not going to take place and the case proceeds to a sentencing hearing, which determines the punishment to the crime.
Subpoena:
A subpoena compels each side a person at the trial in order to testify and/or produce documents. This is a court ruling, of course, if it really is disobeyed, the disobedient person could be in contempt of court.
Voir Dire:
This is a legal argument concerning the admissibility of the certain bit of evidence in the court. In the case that this argument should take place, the witness and the jury are sent out of court until it finishes.
If you have any questions regarding a criminal charge in Brisbane, please don’t hesitate to contact us. Here at Guest Lawyers, we specialise in criminal law and can be delighted that may help you with any questions or concerns. Our aim is to supply honest, respectful and easy to comprehend legal counsel in order to reduce the stress related to your litigation.
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