The Australian legal system is rife with extremely specialised terminology that most people may have trouble understanding. When you, or someone in the area has been up against a criminal charge, it’s imperative that you comprehend the legal terminology which is more likely to come up in legal documents and within a trial. Here we’ve provided a listing of a few of the more confusing terms and definitions often employed in the Australian criminal justice system.
Acquittal:
This term is employed if the magistrate, jury or appeal court find that a person is not liable with the charges against him/her.
Affidavit:
An itemized declaration made under oath before a notary public or another authorised officer. The one who has written the declaration states that the contents are, to the best their knowledge, true.
Appeal:
To generate an appeal is always to take a case with a higher court to be able to challenge a choice manufactured by a lesser court or tribunal. For instance, an appeal coming from a decision with the Federal Circuit Court of Australia could possibly be built to the government Court. The one that appeals is known as the ‘appellant’. However, it can be important to note that doesn’t all decisions could be appealed.
Committal Hearing:
This can be a hearing of all the evidence that supports the charge within the lower court by a magistrate who decides if you have sufficient evidence for that case to venture to trial. In a few committal hearings, there may be witnesses who are necessary to provide evidence.
Complainant:
This can be the expression used in the court to consult the victim with the crime committed.
Defendant:
This can be the expression used in the court to consult the individual that will be faced with an offence. This term is interchangeable with ‘the accused’.
Deposition:
This can be a typed copy with the evidence recorded in the court.
Exhibits:
All evidence (aside from evidence supplied by the witnesses) necessary to present the truth to the court, for example photographs, clothing, documents or any other things that could possibly be highly relevant to the truth.
Indictable Offence:
A critical Brisbane criminal lawyer which is commonly heard within a higher court before a judge as well as a jury. Less serious indictable offences, termed as summary offences, usually are heard within a Local Court.
Indictment:
This can be a formal written accusation charging you aren’t an offence which is should have been tried within a higher court.
Jurisdiction:
This can be the extent of legal authority/power with the Court to use the law. For instance, in Australia the government Court has jurisdiction under more than 150 Acts with the Commonwealth Parliament.
Mediation:
This can be a process whereby an impartial third party, known as the mediator, aids in contributing to a compromise or agreed settlement without requiring the decision of a Court.
Plaintiff:
This can be the expression used to consult anybody or party who initiates a civil action. In other words, this is the person or party who brings a case contrary to the defendant, and seeks punishment for that person or individuals who committed the crime.
Plea:
This is how the accused person (the defendant) tells legal court if they are guilty or otherwise responsible for the charge against them. If the accused pleads guilty, an endeavor will not occur and also the case proceeds with a sentencing hearing, which determines the punishment for that crime.
Subpoena:
A subpoena compels each side an individual at a trial to be able to testify and/or produce documents. This can be a court ruling, if it can be disobeyed, the disobedient person may be in contempt of court.
Voir Dire:
This can be a legal argument in regards to the admissibility of a certain little bit of evidence in the court. In the case that this argument should happen, the witness and also the jury are mailed of court until it finishes.
If you have any queries regarding a criminal charge in Brisbane, please don’t hesitate to contact us. At Guest Lawyers, we focus on criminal law and could be delighted that may help you with any queries or concerns. Our aim is to offer honest, respectful as well as simple to understand legal counsel to be able to slow up the stress linked to your litigation.
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