The Australian courts is rife with extremely specialised terminology that many people could have trouble understanding. While you, or someone near to you has been facing a criminal charge, it’s important to understand the legal terminology that is likely to appear in legal documents and in a trial. Here we’ve provided a summary of a few of the more confusing terms and definitions often employed in the Australian criminal justice system.

Acquittal:
This term can be used in the event the magistrate, jury or appeal court discover that you were simple of 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, to the best their knowledge, true.
Appeal:
To produce an appeal is usually to require a case into a higher court in order to challenge a conclusion made by a lower court or tribunal. As an example, an appeal from a decision of the Federal Circuit Court of Australia could possibly be designed to the federal government Court. The one that appeals is recognized as the ‘appellant’. However, it really is worth noting that doesn’t all decisions may be appealed.
Committal Hearing:
It is a hearing of all evidence that props up charge in the lower court by way of a magistrate who decides if there is sufficient evidence for that case to visit trial. In some committal hearings, there might be witnesses who’re required to provide evidence.
Complainant:
This is the saying used in court to consult the victim of the crime committed.
Defendant:
This is the saying used in court to consult the person who will be arrested for an offence. This term is interchangeable with ‘the accused’.
Deposition:
It is a typed copy of the evidence recorded in court.
Exhibits:
All evidence (besides evidence provided by the witnesses) required to present the truth to the court, for example photographs, clothing, documents or any other items that could possibly be tightly related to the truth.

Indictable Offence:
A serious Brisbane lawyers that is commonly heard inside a higher court before a judge as well as a jury. Less serious indictable offences, called summary offences, are generally heard inside a Local Court.
Indictment:
It is a formal written accusation charging you aren’t an offence that is intended to be tried inside a higher court.
Jurisdiction:
This is the extent of legal authority/power of the Court to utilize the law. As an example, nationwide the federal government Court has jurisdiction under a lot more than 150 Acts of the Commonwealth Parliament.
Mediation:
It is a process whereby a neutral third party, called the mediator, assists in bringing about an agreement or agreed settlement without requiring the choice of your Court.
Plaintiff:
This is the saying used to consult anybody or party who initiates a civil action. Quite simply, this is the person or party who brings in a situation contrary to the defendant, and seeks punishment for that person or people who committed the crime.
Plea:
This is where the accused person (the defendant) tells the judge whether they are guilty or not responsible for the charge against them. If the accused pleads guilty, an effort won’t occur and the case proceeds into a sentencing hearing, which determines the punishment for that crime.
Subpoena:
A subpoena compels the look of a person in a trial in order to testify and/or produce documents. It is a order from the court, if it really is disobeyed, the disobedient person could possibly be in contempt of court.
Voir Dire:
It is a legal argument concerning the admissibility of your certain little bit of evidence in court. In the event that this argument should occur, the witness and the jury are mailed of court until it finishes.

If you have any questions regarding a criminal charge in Brisbane, please don’t hesitate to contact us. Right here at Guest Lawyers, we concentrate on criminal law and could be more than pleased to help you with any questions or concerns. Our aim is to provide honest, respectful and simple to understand legal counsel in order to reduce the stress related to your litigation.
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