The Australian legislation is rife with extremely specialised terminology that a lot of people could possibly have trouble understanding. When you, or someone near to you continues to be facing a criminal charge, it’s imperative that you see the legal terminology that is more likely to show up in legal documents and in a trial. Here we’ve provided a summary of a number of the more confusing terms and definitions often utilized in the Australian criminal justice system.
Acquittal:
This term can be used once the magistrate, jury or appeal court see that you were simple in the charges against him/her.
Affidavit:
An itemized declaration made under oath before a notary public and other authorised officer. The individual that has written the declaration states that the contents are, for the best their knowledge, true.
Appeal:
To produce an appeal is always to have a case with a higher court so that you can challenge a conclusion produced by a reduced court or tribunal. For example, an appeal from a decision in the Federal Circuit Court of Australia might be made to the government Court. The individual that appeals is known as the ‘appellant’. However, it’s important to note that doesn’t all decisions might be appealed.
Committal Hearing:
It is a hearing of all of the evidence that props up the charge from the lower court with a magistrate who decides if you find sufficient evidence for that case to venture to trial. In most committal hearings, there may be witnesses who will be needed to provide evidence.
Complainant:
This can be the term used problem to refer to the victim in the crime committed.
Defendant:
This can be the term used problem to refer to the one who has been arrested for a criminal offence. This term is interchangeable with ‘the accused’.
Deposition:
It is a typed copy in the evidence recorded problem.
Exhibits:
All evidence (besides evidence provided by the witnesses) needed to present true for the court, like photographs, clothing, documents or any other items that might be strongly related true.
Indictable Offence:
A significant Lawyer Brisbane that is commonly heard inside a higher court before the court and a jury. Less serious indictable offences, called summary offences, are usually heard inside a Local Court.
Indictment:
It is a formal written accusation charging you are not an offence that is should have been tried inside a higher court.
Jurisdiction:
This can be the extent of legal authority/power in the Court to make use of the law. For example, australia wide the government Court has jurisdiction under greater than 150 Acts in the Commonwealth Parliament.
Mediation:
It is a process whereby an impartial alternative party, called the mediator, assists in causing a compromise or agreed settlement without requiring the decision of your Court.
Plaintiff:
This can be the term used to refer to anyone or party who initiates a civil action. Put simply, this can be the person or party who brings a case from the defendant, and seeks punishment for that person or individuals who committed the crime.
Plea:
This is where the accused person (the defendant) tells a legal court whether are guilty or otherwise not guilty of the charge against them. When the accused pleads guilty, a trial will not take place as well as the case proceeds with a sentencing hearing, which determines the punishment for that crime.
Subpoena:
A subpoena compels each side an individual in a trial so that you can testify and/or produce documents. It is a court ruling, and when it’s disobeyed, the disobedient person might be in contempt of court.
Voir Dire:
It is a legal argument in regards to the admissibility of your certain bit of evidence problem. In the case that this argument should happen, the witness as well as the jury are sent of court until it finishes.
When you have any questions regarding a criminal charge in Brisbane, please don’t hesitate to get hold of us. Right here at Guest Lawyers, we focus on criminal law and will be delighted to help you with any questions or concerns. Our aim is to provide honest, respectful as well as simple to be aware of legal advice so that you can slow up the stress associated with your litigation.
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