The Australian legal system is rife with extremely specialised terminology that a lot of people could have trouble understanding. While you, or someone near to you has become confronted with a criminal charge, it’s vital that you see the legal terminology which is likely to appear in legal documents and after a trial. Here we’ve provided a summary of many of the more confusing terms and definitions often utilized in the Australian criminal justice system.
Acquittal:
This term is employed once the magistrate, jury or appeal court realize that one is innocent in 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 states that the contents are, to the better of their knowledge, true.
Appeal:
To generate an appeal would be to please take a case with a higher court to be able to challenge a choice made by a lower court or tribunal. By way of example, an appeal from your decision in the Federal Circuit Court of Australia could be created to the government Court. The person who appeals is called the ‘appellant’. However, it is worth noting that not all decisions can be appealed.
Committal Hearing:
This is the hearing of all the evidence that supports the charge within the lower court by way of a magistrate who decides if you find sufficient evidence for your case to go to trial. In most committal hearings, there can be witnesses who will be needed to provide evidence.
Complainant:
Here is the term used problem to refer to the victim in the crime committed.
Defendant:
Here is the term used problem to refer to the one who has been involved in a criminal offence. This term is interchangeable with ‘the accused’.
Deposition:
This is the typed copy in the evidence recorded problem.
Exhibits:
All evidence (in addition to evidence given by the witnesses) needed to present the situation to the court, such as photographs, clothing, documents or any other goods that could be strongly related the situation.
Indictable Offence:
A life threatening Criminal law firms Brisbane which is commonly heard in the higher court before the court as well as a jury. Less serious indictable offences, referred to as summary offences, are usually heard in the Local Court.
Indictment:
This is the formal written accusation charging you aren’t an offence which is should have been tried in the higher court.
Jurisdiction:
Here is the extent of legal authority/power in the Court to make use of the law. By way of example, nationwide the government Court has jurisdiction under over 150 Acts in the Commonwealth Parliament.
Mediation:
This is the process whereby an impartial third party, known as the mediator, assists with bringing about an agreement or agreed settlement without requiring your choice of an Court.
Plaintiff:
Here is the term used to refer to the person or party who initiates a civil action. To put it differently, this can be the person or party who brings an incident contrary to the defendant, and seeks punishment for your person or people who committed the crime.
Plea:
This is when the accused person (the defendant) tells the judge whether are guilty or otherwise doing the charge against them. If the accused pleads guilty, an endeavor won’t occur and also the case proceeds with a sentencing hearing, which determines the punishment for your crime.
Subpoena:
A subpoena compels the appearance of someone with a trial to be able to testify and/or produce documents. This is the court ruling, and when it is disobeyed, the disobedient person could be in contempt of court.
Voir Dire:
This is the legal argument concerning the admissibility of an certain piece of evidence problem. In the event that this argument should occur, the witness and also the jury are delivered of court until it finishes.
When you have any questions regarding a criminal charge in Brisbane, please don’t hesitate to make contact with us. Right here at Guest Lawyers, we specialize in criminal law and can be happy that may help you with any questions or concerns. Goal to offer honest, respectful and easy to be aware of legal services to be able to reduce the stress connected with your litigation.
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