The Australian legislation 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 faced with a criminal charge, it’s vital that you see the legal terminology that is more likely to come up in legal documents and in a trial. Here we’ve provided a summary of many of the more confusing terms and definitions often found in the Australian criminal justice system.
Acquittal:
This term is used if the magistrate, jury or appeal court realize that you were not liable of the charges against him/her.
Affidavit:
An itemized declaration made under oath before a notary public or any other authorised officer. The person who has written the declaration states that the contents are, on the better of their knowledge, true.
Appeal:
To produce an appeal is usually to require a case to some higher court as a way to challenge a determination produced by a reduced court or tribunal. For example, an appeal from a decision of the Federal Circuit Court of Australia could be built to the government Court. The individual that appeals is known as the ‘appellant’. However, it really is important to note that does not all decisions may be appealed.
Committal Hearing:
This is the hearing of all of the evidence that sports ths charge from the lower court by way of a magistrate who decides if you find sufficient evidence for the case to go to trial. In most committal hearings, there might be witnesses that are necessary to provide evidence.
Complainant:
This is the term used problem to refer to the victim of the crime committed.
Defendant:
This is the term used problem to refer to the one who is being arrested for a criminal offence. This term is interchangeable with ‘the accused’.
Deposition:
This is the typed copy of the evidence recorded problem.
Exhibits:
All evidence (in addition to evidence given by the witnesses) necessary to present the case on the court, including photographs, clothing, documents or some other items that could be tightly related to the case.
Indictable Offence:
A significant Criminal lawyers Brisbane that is commonly heard in a higher court before the court plus a jury. Less serious indictable offences, called summary offences, are usually heard in a Local Court.
Indictment:
This is the formal written accusation charging a person with an offence that is should have been tried in a higher court.
Jurisdiction:
This is the extent of legal authority/power of the Court to apply legislation. For example, australia wide the government Court has jurisdiction under over 150 Acts of the Commonwealth Parliament.
Mediation:
This is the process whereby a neutral alternative party, referred to as mediator, assists in contributing to a compromise or agreed settlement without requiring your decision of the Court.
Plaintiff:
This is the term used to refer to the individual or party who initiates a civil action. To put it differently, this is actually the person or party who brings a case from the defendant, and seeks punishment for the person or people that committed the crime.
Plea:
This is where the accused person (the defendant) tells the court whether are guilty you aren’t accountable for the charge against them. If your accused pleads guilty, an endeavor is not going to come about and the case proceeds to some sentencing hearing, which determines the punishment for the crime.
Subpoena:
A subpoena compels the appearance of somebody with a trial as a way to testify and/or produce documents. This is the court order, if it really is disobeyed, the disobedient person might be in contempt of court.
Voir Dire:
This is the legal argument concerning the admissibility of the certain piece of evidence problem. In the event that this argument should occur, the witness and the jury are sent of court until it finishes.
In case you have inquiries regarding a criminal charge in Brisbane, please don’t hesitate to make contact with us. At Guest Lawyers, we focus on criminal law and would be more than happy to help you with inquiries or concerns. Our aim is to supply honest, respectful and straightforward to understand legal counsel as a way to decrease the stress linked to your litigation.
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