The Australian legal system is rife with extremely specialised terminology that a lot of people might have trouble understanding. Then when you, or someone close to you may be faced with a criminal charge, it’s important to see the legal terminology which is planning to show up in legal documents and in a trial. Here we’ve provided a directory of a few of the more confusing terms and definitions often found in the Australian criminal justice system.
Acquittal:
This term is employed when the magistrate, jury or appeal court discover that an individual is not guilty with the charges against him/her.
Affidavit:
A written declaration made under oath before a notary public and other authorised officer. The individual who has written the declaration states that the contents are, towards the best their knowledge, true.
Appeal:
To make an appeal would be to have a case to some higher court to be able to challenge a decision produced by less court or tribunal. For instance, an appeal from your decision with the Federal Circuit Court of Australia might be designed to the Federal Court. The individual that appeals is recognized as the ‘appellant’. However, it’s worth noting that all decisions could be appealed.
Committal Hearing:
This is the hearing of all the evidence that sports ths charge in the lower court by the magistrate who decides if you find sufficient evidence for your case to go to trial. In most committal hearings, there may be witnesses that are forced to provide evidence.
Complainant:
Here is the saying used in court to consult the victim with the crime committed.
Defendant:
Here is the saying used in court to consult the one who has been involved in a criminal offence. This term is interchangeable with ‘the accused’.
Deposition:
This is the typed copy with the evidence recorded in court.
Exhibits:
All evidence (besides evidence provided by the witnesses) forced to present the truth towards the court, for example photographs, clothing, documents or other things that might be tightly related to the truth.
Indictable Offence:
A significant Criminal lawyer Brisbane which is commonly heard in a higher court before the court along with a jury. Less serious indictable offences, called summary offences, are often heard in a Local Court.
Indictment:
This is the formal written accusation charging having it . an offence which is intended as tried in a higher court.
Jurisdiction:
Here is the extent of legal authority/power with the Court to use regulations. For instance, australia wide the Federal Court has jurisdiction under a lot more than 150 Acts with the Commonwealth Parliament.
Mediation:
This is the process whereby an impartial 3rd party, referred to as the mediator, assists with leading to an agreement or agreed settlement without requiring the choice of a Court.
Plaintiff:
Here is the saying used to consult the person or party who initiates a civil action. In other words, this can be the person or party who brings a case up against the defendant, and seeks punishment for your person or those who committed the crime.
Plea:
This is the time the accused person (the defendant) tells a legal court whether or not they are guilty you aren’t guilty of the charge against them. If your accused pleads guilty, an effort will not likely come about and the case proceeds to some sentencing hearing, which determines the punishment for your crime.
Subpoena:
A subpoena compels the look off an individual at the trial to be able to testify and/or produce documents. This is the order from the court, and when it’s disobeyed, the disobedient person might be in contempt of court.
Voir Dire:
This is the legal argument about the admissibility of a certain part of evidence in court. If this argument should take place, 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 will be more than pleased that may help you with inquiries or concerns. The purpose to provide honest, respectful and straightforward to be aware of legal services to be able to decrease the stress related to your litigation.
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