The Australian courts is rife with extremely specialised terminology that a lot of people might have trouble understanding. When you, or someone near to you continues to be confronted with a criminal charge, it’s crucial that you comprehend the legal terminology that is likely to come up in legal documents and in a trial. Here we’ve provided a list of a few of the more confusing terms and definitions often utilized in the Australian criminal justice system.

Acquittal:
This term is used in the event the magistrate, jury or appeal court discover that one is not guilty with the charges against him/her.
Affidavit:
An itemized declaration made under oath before a notary public or any other authorised officer. The individual who has written the declaration claims that the contents are, to the best of their knowledge, true.
Appeal:
To produce an appeal is to please take a case with a higher court in order to challenge a determination manufactured by less court or tribunal. For example, an appeal from the decision with the Federal Circuit Court of Australia could be built to the federal government Court. The individual that appeals is known as the ‘appellant’. However, it really is important to note that all decisions can be appealed.
Committal Hearing:
This is the hearing of all evidence that props up charge inside the lower court with a magistrate who decides when there is sufficient evidence for that case to attend trial. In most committal hearings, there could be witnesses who’re forced to provide evidence.
Complainant:
This is actually the term used in the court to consult the victim with the crime committed.
Defendant:
This is actually the term used in the court to consult the person who is being faced with an offence. This term is interchangeable with ‘the accused’.
Deposition:
This is the typed copy with the evidence recorded in the court.
Exhibits:
All evidence (besides evidence supplied by the witnesses) forced to present the truth to the court, such as photographs, clothing, documents or another items that could be strongly related the truth.

Indictable Offence:
A life threatening Lawyer Brisbane that is commonly heard inside a higher court before the court plus a jury. Less serious indictable offences, termed as summary offences, are often heard inside a Local Court.
Indictment:
This is the formal written accusation charging you are not an offence that is intended as tried inside a higher court.
Jurisdiction:
This is actually the extent of legal authority/power with the Court to use regulations. For example, in Australia the federal government Court has jurisdiction under over 150 Acts with the Commonwealth Parliament.
Mediation:
This is the process whereby a neutral third party, referred to as mediator, assists with contributing to a compromise or agreed settlement without requiring your decision of a Court.
Plaintiff:
This is actually the term used to consult the person or party who initiates a civil action. In other words, this is actually the person or party who brings a case against the defendant, and seeks punishment for that person or individuals who committed the crime.
Plea:
This is where the accused person (the defendant) tells the court whether they are guilty you aren’t guilty of the charge against them. In the event the accused pleads guilty, an endeavor won’t take place and the case proceeds with a sentencing hearing, which determines the punishment for that crime.
Subpoena:
A subpoena compels the look off a person in a trial in order to testify and/or produce documents. This is the court ruling, if it really is disobeyed, the disobedient person could be in contempt of court.
Voir Dire:
This is the 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 the jury are delivered of court until it finishes.

For those who have any questions regarding a criminal charge in Brisbane, please don’t hesitate to make contact with us. Here at Guest Lawyers, we specialize in criminal law and would be delighted to help you with any questions or concerns. The purpose to offer honest, respectful and straightforward to comprehend legal counsel in order to slow up the stress connected with your litigation.
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