The Australian legal system is rife with extremely specialised terminology that many people might have trouble understanding. So when you, or someone in your area has been confronted with a criminal charge, it’s vital that you see the legal terminology that is certainly prone to show up in legal documents and within a trial. Here we’ve provided a summary of some of the more confusing terms and definitions often found in the Australian criminal justice system.

Acquittal:
This term is utilized once the magistrate, jury or appeal court see that one is innocent with the charges against him/her.
Affidavit:
A written declaration made under oath before a notary public or any other authorised officer. The individual who has written the declaration states that the contents are, on the best of their knowledge, true.
Appeal:
To generate an appeal would be to have a case with a higher court to be able to challenge a conclusion manufactured by a reduced court or tribunal. As an example, an appeal from your decision with the Federal Circuit Court of Australia might be created to the federal government Court. The individual that appeals is called the ‘appellant’. However, it can be worth noting that does not all decisions might 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 have sufficient evidence for your case to visit trial. In a few committal hearings, there may be witnesses that are required to provide evidence.
Complainant:
This is the expression used in court to consult the victim with the crime committed.
Defendant:
This is the expression used in court to consult the one that has arrested for a criminal offence. This term is interchangeable with ‘the accused’.
Deposition:
This is the typed copy with the evidence recorded in court.
Exhibits:
All evidence (apart from evidence supplied by the witnesses) required to present the case on the court, including photographs, clothing, documents or any other goods that might be tightly related to the case.

Indictable Offence:
A significant Criminal law firms Brisbane that is certainly commonly heard in a higher court before a judge and a jury. Less serious indictable offences, known as summary offences, are usually heard in a Local Court.
Indictment:
This is the formal written accusation charging a person with an offence that is certainly supposed to have been tried in a higher court.
Jurisdiction:
This is the extent of legal authority/power with the Court to apply legislation. As an example, in Australia the federal government Court has jurisdiction under a lot more than 150 Acts with the Commonwealth Parliament.
Mediation:
This is the process whereby a neutral third party, referred to as mediator, assists in causing a compromise or agreed settlement without requiring your decision of an Court.
Plaintiff:
This is the expression used to consult anybody or party who initiates a civil action. Put simply, this is the person or party who brings in a situation against the defendant, and seeks punishment for your person or individuals who committed the crime.
Plea:
This is where the accused person (the defendant) tells the judge if they are guilty or otherwise accountable for the charge against them. If your accused pleads guilty, a trial won’t take place and the case proceeds with a sentencing hearing, which determines the punishment for your crime.
Subpoena:
A subpoena compels the look off a person at the trial to be able to testify and/or produce documents. This is the order from the court, if it can be disobeyed, the disobedient person might be in contempt of court.
Voir Dire:
This is the legal argument in regards to the admissibility of an certain piece of evidence in court. If this argument should happen, the witness and the jury are mailed of court until it finishes.

If you have questions regarding a criminal charge in Brisbane, please don’t hesitate to get hold of us. Only at Guest Lawyers, we specialize in criminal law and could be delighted that may help you with questions or concerns. The purpose to deliver honest, respectful and easy to understand legal advice to be able to decrease the stress related to your litigation.
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