The Australian legislation is rife with extremely specialised terminology that a lot of people could possibly have trouble understanding. When you, or someone close to you has been confronted with a criminal charge, it’s crucial that you see the legal terminology that’s planning to appear 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 utilized if the magistrate, jury or appeal court find that one is not liable in the charges against him/her.
Affidavit:
A written declaration made under oath before a notary public and other authorised officer. The person who has written the declaration claims that the contents are, for the better of their knowledge, true.
Appeal:
To generate an appeal would be to take a case into a higher court so that you can challenge a conclusion created by a lesser court or tribunal. By way of example, an appeal from a decision in the Federal Circuit Court of Australia could possibly be built to the Federal Court. The one who appeals is recognized as the ‘appellant’. However, it is worth noting that all decisions can be appealed.
Committal Hearing:
This can be a hearing of all the evidence that props up charge within the lower court by the magistrate who decides if you find sufficient evidence for that case to go to trial. In most committal hearings, there could be witnesses that are required to provide evidence.
Complainant:
Here is the saying used in court to consult the victim in the crime committed.
Defendant:
Here is the saying used in court to consult the person who has involved in an offence. This term is interchangeable with ‘the accused’.
Deposition:
This can be a typed copy in the evidence recorded in court.
Exhibits:
All evidence (besides evidence supplied by the witnesses) required to present the truth for the court, including photographs, clothing, documents or other goods that could possibly be highly relevant to the truth.
Indictable Offence:
A serious Brisbane criminal lawyers that’s commonly heard inside a higher court before the court along with a jury. Less serious indictable offences, known as summary offences, are usually heard inside a Local Court.
Indictment:
This can be a formal written accusation charging you aren’t an offence that’s supposed to have been tried inside a higher court.
Jurisdiction:
Here is the extent of legal authority/power in the Court to make use of the law. By way of example, in Australia the Federal Court has jurisdiction under greater than 150 Acts in the Commonwealth Parliament.
Mediation:
This can be a process whereby a neutral vacation, referred to as the mediator, assists in bringing about a compromise or agreed settlement without requiring your decision of a Court.
Plaintiff:
Here is the saying used to consult the individual or party who initiates a civil action. Put simply, this is the person or party who brings a case from the defendant, and seeks punishment for that person or those who committed the crime.
Plea:
This is when the accused person (the defendant) tells legal court if they are guilty you aren’t guilty of the charge against them. When the accused pleads guilty, a trial will not happen and the case proceeds into a sentencing hearing, which determines the punishment for that crime.
Subpoena:
A subpoena compels the look off somebody at a trial so that you can testify and/or produce documents. This can be a court ruling, of course, if it is disobeyed, the disobedient person could be in contempt of court.
Voir Dire:
This can be a legal argument about the admissibility of a certain part of evidence in court. In the event that this argument should occur, the witness and the jury are delivered of court until it finishes.
When you have inquiries regarding a criminal charge in Brisbane, please don’t hesitate to make contact with us. At Guest Lawyers, we specialize in criminal law and can be more than happy that will help you with inquiries or concerns. The purpose to deliver honest, respectful and straightforward to be aware of legal services so that you can reduce the stress linked to your litigation.
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