The Australian legal system is rife with extremely specialised terminology that most people could possibly have trouble understanding. So when you, or someone near to you continues to be up against a criminal charge, it’s crucial that you see the legal terminology that’s prone to appear in legal documents and within 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 is utilized once the magistrate, jury or appeal court find that one is simple in the charges against him/her.
Affidavit:
A written declaration made under oath before a notary public or any other authorised officer. The individual that has written the declaration states that the contents are, to the best their knowledge, true.
Appeal:
To make an appeal is always to require a case with a higher court to be able to challenge a determination produced by less court or tribunal. As an example, an appeal coming from a decision in the Federal Circuit Court of Australia could possibly be created to the federal government Court. The one who appeals is known as the ‘appellant’. However, it really is important to note that doesn’t all decisions can be appealed.
Committal Hearing:
This is a hearing of all the evidence that props up charge in the lower court by the magistrate who decides if there is sufficient evidence for the case to visit trial. In certain committal hearings, there might be witnesses who will be needed to provide evidence.
Complainant:
This is the expression used in the courtroom to consult the victim in the crime committed.
Defendant:
This is the expression used in the courtroom to consult the one that has charged with an offence. This term is interchangeable with ‘the accused’.
Deposition:
This is a typed copy in the evidence recorded in the courtroom.
Exhibits:
All evidence (besides evidence furnished by the witnesses) needed to present the truth to the court, for example photographs, clothing, documents or another items which could possibly be relevant to the truth.
Indictable Offence:
A critical Brisbane lawyers that’s commonly heard in the higher court before the court along with a jury. Less serious indictable offences, referred to as summary offences, are usually heard in the Local Court.
Indictment:
This is a formal written accusation charging having it . an offence that’s supposed to have been tried in the higher court.
Jurisdiction:
This is the extent of legal authority/power in the Court to use regulations. As an example, around australia the federal government Court has jurisdiction under more than 150 Acts in the Commonwealth Parliament.
Mediation:
This is a process whereby an impartial third party, referred to as mediator, aids in causing an agreement or agreed settlement without requiring your decision of a Court.
Plaintiff:
This is the expression used to consult anyone or party who initiates a civil action. Put simply, this can be the person or party who brings an incident up against the defendant, and seeks punishment for the person or those who committed the crime.
Plea:
This is where the accused person (the defendant) tells legal court whether are guilty or otherwise not responsible for the charge against them. If your accused pleads guilty, an endeavor won’t come about along with the case proceeds with a sentencing hearing, which determines the punishment for the crime.
Subpoena:
A subpoena compels the look of an individual at the trial to be able to testify and/or produce documents. This is a court order, if it really is disobeyed, the disobedient person could be in contempt of court.
Voir Dire:
This is a legal argument concerning the admissibility of a certain piece of evidence in the courtroom. In the event that this argument should happen, the witness along with the jury are sent of court until it finishes.
When you have any questions regarding a criminal charge in Brisbane, please don’t hesitate to call us. Here at Guest Lawyers, we concentrate on criminal law and will be more than pleased to assist you with any questions or concerns. Our aim is to offer honest, respectful as well as simple to comprehend legal counsel to be able to decrease the stress related to your litigation.
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