The Australian judicial system is rife with extremely specialised terminology that most people could possibly have trouble understanding. While you, or someone in your area may be facing a criminal charge, it’s crucial that you comprehend the legal terminology that is certainly planning to show up in legal documents and throughout a trial. Here we’ve provided a list of many of the more confusing terms and definitions often used in the Australian criminal justice system.
Acquittal:
This term is employed once the magistrate, jury or appeal court see that one is simple in the charges against him/her.
Affidavit:
An itemized declaration made under oath before a notary public or other authorised officer. The person who has written the declaration claims that the contents are, for the best of their knowledge, true.
Appeal:
To create an appeal would be to require a case into a higher court to be able to challenge a choice created by a lesser court or tribunal. For instance, an appeal from a decision in the Federal Circuit Court of Australia may be made to the Federal Court. The individual that appeals is termed the ‘appellant’. However, it’s worth noting that not all decisions might be appealed.
Committal Hearing:
It is a hearing of all the so-called evidence that props up the charge from the lower court with a magistrate who decides when there is sufficient evidence for the case to venture to trial. In certain committal hearings, there may be witnesses who will be needed to provide evidence.
Complainant:
This is the term used in the courtroom to consult the victim in the crime committed.
Defendant:
This is the term used in the courtroom to consult the one who has been arrested for an offence. This term is interchangeable with ‘the accused’.
Deposition:
It is a typed copy in the evidence recorded in the courtroom.
Exhibits:
All evidence (in addition to evidence supplied by the witnesses) needed to present the truth for the court, such as photographs, clothing, documents or some other items which may be strongly related the truth.
Indictable Offence:
A serious Brisbane lawyer that is certainly commonly heard in a higher court before a judge as well as a jury. Less serious indictable offences, called summary offences, are usually heard in a Local Court.
Indictment:
It is a formal written accusation charging you aren’t an offence that is certainly intended as tried in a higher court.
Jurisdiction:
This is the extent of legal authority/power in the Court to utilize the law. 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 third party, referred to as mediator, aids in contributing to an agreement or agreed settlement without requiring the decision of your Court.
Plaintiff:
This is the term used to consult the person or party who initiates a civil action. Put simply, this can be the person or party who brings an instance from the defendant, and seeks punishment for the person or people who committed the crime.
Plea:
This is when the accused person (the defendant) tells a legal court whether are guilty or not guilty of the charge against them. In the event the accused pleads guilty, a shot will not occur along with the case proceeds into a sentencing hearing, which determines the punishment for the crime.
Subpoena:
A subpoena compels each side someone in a trial to be able to testify and/or produce documents. It is a court ruling, and if it’s disobeyed, the disobedient person could possibly be in contempt of court.
Voir Dire:
It is a legal argument in regards to the admissibility of your certain bit of evidence in the courtroom. In the case that this argument should take place, the witness along with the jury are sent out of court until it finishes.
For those who have any queries regarding a criminal charge in Brisbane, please don’t hesitate to get hold of us. At Guest Lawyers, we concentrate on criminal law and could be delighted to assist you with any queries or concerns. Our aim is to provide honest, respectful and straightforward to comprehend legal counsel to be able to slow up the stress associated with your litigation.
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