The Australian courts is rife with extremely specialised terminology that a majority of people could possibly have trouble understanding. While you, or someone in the area has become confronted with a criminal charge, it’s imperative that you see the legal terminology that is certainly more likely to come up in legal documents and within a trial. Here we’ve provided a list of a number of the more confusing terms and definitions often found in the Australian criminal justice system.
Acquittal:
This term can be used when the magistrate, jury or appeal court see that you were not guilty with the charges against him/her.
Affidavit:
A written declaration made under oath before a notary public and other authorised officer. The individual who has written the declaration claims that the contents are, to the best their knowledge, true.
Appeal:
To create an appeal is usually to have a case to some higher court to be able to challenge a conclusion manufactured by a lesser court or tribunal. For example, an appeal from your decision with the Federal Circuit Court of Australia could possibly be created to the Federal Court. The one who appeals is recognized as the ‘appellant’. However, it is worth noting that not all decisions can be appealed.
Committal Hearing:
This is the hearing of all the so-called evidence that props up charge from the lower court by way of a magistrate who decides when there is sufficient evidence for that case to venture to trial. In certain committal hearings, there could be witnesses who are necessary to provide evidence.
Complainant:
This is the term used problem to refer to the victim with the crime committed.
Defendant:
This is the term used problem to refer to the person who has been arrested for an offence. This term is interchangeable with ‘the accused’.
Deposition:
This is the typed copy with the evidence recorded problem.
Exhibits:
All evidence (aside from evidence furnished by the witnesses) necessary to present the case to the court, like photographs, clothing, documents or some other items which could possibly be tightly related to the case.
Indictable Offence:
A life threatening Lawyers in Brisbane that is certainly commonly heard in a higher court before a judge along with a jury. Less serious indictable offences, called summary offences, are often heard in a Local Court.
Indictment:
This is the formal written accusation charging a person with an offence that is certainly intended to be tried in a higher court.
Jurisdiction:
This is the extent of legal authority/power with the Court to make use of regulations. For example, in Australia the Federal Court has jurisdiction under more than 150 Acts with the Commonwealth Parliament.
Mediation:
This is the process whereby an impartial 3rd party, referred to as the mediator, assists with bringing about an agreement or agreed settlement without requiring your decision of a Court.
Plaintiff:
This is the term used to refer to anybody or party who initiates a civil action. Quite simply, here is the person or party who brings in a situation against the defendant, and seeks punishment for that person or people who committed the crime.
Plea:
This is when the accused person (the defendant) tells the judge if they are guilty or not responsible for the charge against them. When the accused pleads guilty, an effort will not occur and also the case proceeds to some sentencing hearing, which determines the punishment for that crime.
Subpoena:
A subpoena compels the look off a person with a trial to be able to testify and/or produce documents. This is the court ruling, if it is disobeyed, the disobedient person might be in contempt of court.
Voir Dire:
This is the legal argument concerning the admissibility of a certain little bit of evidence problem. If this argument should happen, the witness and also 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 call us. Only at Guest Lawyers, we specialize in criminal law and could be delighted to assist you with any queries or concerns. Goal to provide honest, respectful and straightforward to know legal counsel to be able to reduce the stress related to your litigation.
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