The Australian legal system is rife with extremely specialised terminology that a lot of people could possibly have trouble understanding. When you, or someone near to you has become faced with a criminal charge, it’s important to understand the legal terminology that is certainly planning to appear in legal documents and in a trial. Here we’ve provided a list of some of the more confusing terms and definitions often found in the Australian criminal justice system.
Acquittal:
This term can be used once the magistrate, jury or appeal court discover that you were not liable of 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, on the best of their knowledge, true.
Appeal:
To create an appeal is to take a case into a higher court to be able to challenge a choice made by a lower court or tribunal. By way of example, an appeal coming from a decision of the Federal Circuit Court of Australia may be created to the federal government Court. The individual that appeals is termed the ‘appellant’. However, it really is important to note that 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 to the case to venture to trial. In a few committal hearings, there could be witnesses that are required to provide evidence.
Complainant:
This is actually the term used in the courtroom to consult the victim of the crime committed.
Defendant:
This is actually the term used in the courtroom to consult the one that will be arrested for a criminal offence. This term is interchangeable with ‘the accused’.
Deposition:
This is the typed copy of the evidence recorded in the courtroom.
Exhibits:
All evidence (besides evidence furnished by the witnesses) required to present the truth on the court, including photographs, clothing, documents or another items that may be highly relevant to the truth.
Indictable Offence:
A life threatening Criminal lawyer Brisbane that is certainly commonly heard in the higher court before a judge along with a jury. Less serious indictable offences, known as summary offences, usually are heard in the Local Court.
Indictment:
This is the formal written accusation charging a person with an offence that is certainly intended to be tried in the higher court.
Jurisdiction:
This is actually the extent of legal authority/power of the Court to utilize regulations. By way of example, in Australia the federal government Court has jurisdiction under greater than 150 Acts of the Commonwealth Parliament.
Mediation:
This is the process whereby a neutral alternative party, referred to as mediator, aids in contributing to an agreement or agreed settlement without requiring your choice of a Court.
Plaintiff:
This is actually the term used to consult the person or party who initiates a civil action. In other words, this can be the person or party who brings in a situation from the defendant, and seeks punishment to the 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 responsible for the charge against them. In the event the accused pleads guilty, a shot won’t occur along with the case proceeds into a sentencing hearing, which determines the punishment to the crime.
Subpoena:
A subpoena compels the appearance of somebody at the trial to be able to testify and/or produce documents. This is the order from the court, and when it really is disobeyed, the disobedient person could possibly be in contempt of court.
Voir Dire:
This is the legal argument about the admissibility of a certain part of evidence in the courtroom. If this argument should happen, the witness along with the jury are mailed of court until it finishes.
If you have any questions regarding a criminal charge in Brisbane, please don’t hesitate to contact us. Right here at Guest Lawyers, we concentrate on criminal law and will be happy that will help you with any questions or concerns. Our aim is to supply honest, respectful and simple to be aware of legal services to be able to slow up the stress connected with your litigation.
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