The Australian legal system is rife with extremely specialised terminology that a majority of people could have trouble understanding. So when you, or someone in your area may be confronted with a criminal charge, it’s vital that you comprehend the legal terminology that is planning to show up in legal documents and within a trial. Here we’ve provided a list of a few of the more confusing terms and definitions often employed in the Australian criminal justice system.
Acquittal:
This term is used when the magistrate, jury or appeal court realize that one is not liable in the charges against him/her.
Affidavit:
An itemized declaration made under oath before a notary public or another authorised officer. The one who has written the declaration states that the contents are, to the better of their knowledge, true.
Appeal:
To make an appeal is usually to take a case with a higher court as a way to challenge a choice created by a lesser court or tribunal. For instance, an appeal from a decision in the Federal Circuit Court of Australia could possibly be designed to the government Court. The one that appeals is called the ‘appellant’. However, it can be important to note that all decisions can be appealed.
Committal Hearing:
This can be a hearing of all evidence that props up the charge in the lower court by the magistrate who decides if there is sufficient evidence for the case to venture to trial. In some committal hearings, there can be witnesses who’re required to provide evidence.
Complainant:
This is the term used problem to refer to the victim in the crime committed.
Defendant:
This is the term used problem to refer to the one who has involved in an offence. This term is interchangeable with ‘the accused’.
Deposition:
This can be a typed copy in the evidence recorded problem.
Exhibits:
All evidence (besides evidence given by the witnesses) required to present the situation to the court, like photographs, clothing, documents or some other items which could possibly be highly relevant to the situation.
Indictable Offence:
A life threatening Brisbane criminal lawyer that is commonly heard within a higher court before the court as well as a jury. Less serious indictable offences, known as summary offences, usually are heard within a Local Court.
Indictment:
This can be a formal written accusation charging a person with an offence that is intended as tried within a higher court.
Jurisdiction:
This is the extent of legal authority/power in the Court to make use of what the law states. For instance, australia wide the government Court has jurisdiction under over 150 Acts in the Commonwealth Parliament.
Mediation:
This can be a process whereby a neutral alternative party, called the mediator, assists with bringing about an agreement or agreed settlement without requiring the choice of your Court.
Plaintiff:
This is the term used to refer to the person or party who initiates a civil action. In other words, this is the person or party who brings in a situation from the defendant, and seeks punishment for the person or individuals who committed the crime.
Plea:
This is the time the accused person (the defendant) tells the court whether they are guilty or not responsible for the charge against them. If your accused pleads guilty, a trial will not happen along with the case proceeds with a sentencing hearing, which determines the punishment for the crime.
Subpoena:
A subpoena compels the look off a person at the trial as a way to testify and/or produce documents. This can be a court order, of course, if it can be disobeyed, the disobedient person could be in contempt of court.
Voir Dire:
This can be a legal argument concerning the admissibility of your certain little bit of evidence problem. In the case that this argument should happen, the witness along with the jury are mailed of court until it finishes.
If you have questions regarding a criminal charge in Brisbane, please don’t hesitate to call us. Only at Guest Lawyers, we focus on criminal law and can be more than pleased to assist you with questions or concerns. Our aim is to offer honest, respectful as well as simple to know legal advice as a way to lessen the stress linked to your litigation.
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