The Australian judicial system is rife with extremely specialised terminology that most people might have trouble understanding. So when you, or someone in the area has become confronted with a criminal charge, it’s imperative that you view the legal terminology that’s more likely to show up in legal documents and in a trial. Here we’ve provided a list of a number of the more confusing terms and definitions often utilized in the Australian criminal justice system.
Acquittal:
This term can be used in the event the magistrate, jury or appeal court discover that one is innocent of the charges against him/her.
Affidavit:
An itemized declaration made under oath before a notary public or another authorised officer. The individual who has written the declaration states that the contents are, towards the better of their knowledge, true.
Appeal:
To create an appeal is usually to have a case to some higher court in order to challenge a determination manufactured by a lesser court or tribunal. For instance, an appeal coming from a decision of the Federal Circuit Court of Australia may be made to the Federal Court. The individual that appeals is recognized as the ‘appellant’. However, it’s worth noting that not all decisions could be appealed.
Committal Hearing:
This can be a hearing of all evidence that props up the charge from the lower court with a magistrate who decides when there is sufficient evidence for your case to attend trial. In some committal hearings, there can be witnesses that are needed to provide evidence.
Complainant:
This can be the saying used in the court to refer to the victim of the crime committed.
Defendant:
This can be the saying used in the court to refer to the one who is being charged with an offence. This term is interchangeable with ‘the accused’.
Deposition:
This can be a typed copy of the evidence recorded in the court.
Exhibits:
All evidence (apart from evidence furnished by the witnesses) needed to present the case towards the court, like photographs, clothing, documents or other goods that may be highly relevant to the case.
Indictable Offence:
A significant Criminal law firms Brisbane that’s commonly heard inside a higher court before a judge and a jury. Less serious indictable offences, termed as summary offences, are usually heard inside a Local Court.
Indictment:
This can be a formal written accusation charging having it . an offence that’s supposed to have been tried inside a higher court.
Jurisdiction:
This can be the extent of legal authority/power of the Court to apply the law. For instance, in Australia the Federal Court has jurisdiction under greater than 150 Acts of the Commonwealth Parliament.
Mediation:
This can be a process whereby an impartial vacation, referred to as mediator, assists with causing a compromise or agreed settlement without requiring the decision of your Court.
Plaintiff:
This can be the saying used to refer to anybody or party who initiates a civil action. Quite simply, this is the person or party who brings a case from the defendant, and seeks punishment for your person or people that committed the crime.
Plea:
This is where the accused person (the defendant) tells legal court whether they are guilty or otherwise responsible for the charge against them. If the accused pleads guilty, an effort is not going to happen as well as the case proceeds to some sentencing hearing, which determines the punishment for your crime.
Subpoena:
A subpoena compels the appearance of an individual at the trial in order to testify and/or produce documents. This can be a court ruling, of course, if it’s disobeyed, the disobedient person could possibly be in contempt of court.
Voir Dire:
This can be a legal argument about the admissibility of your certain piece of evidence in the court. In the case that this argument should take place, the witness as well as the jury are sent of court until it finishes.
If you have questions regarding a criminal charge in Brisbane, please don’t hesitate to call us. Right here at Guest Lawyers, we focus on criminal law and would be happy to help you with questions or concerns. Our aim is to deliver honest, respectful and easy to comprehend legal services in order to slow up the stress related to your litigation.
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