The Australian courts is rife with extremely specialised terminology that many people may have trouble understanding. While you, or someone near to you has been faced with a criminal charge, it’s vital that you comprehend the legal terminology which is prone to show up in legal documents and throughout a trial. Here we’ve provided a list of a number of the more confusing terms and definitions often found in the Australian criminal justice system.
Acquittal:
This term is utilized if the magistrate, jury or appeal court realize that an individual is innocent from the charges against him/her.
Affidavit:
A written declaration made under oath before a notary public or other authorised officer. The person who has written the declaration claims that the contents are, towards the best of their knowledge, true.
Appeal:
To produce an appeal is usually to take a case to some higher court so that you can challenge a conclusion manufactured by less court or tribunal. As an example, an appeal from the decision from the Federal Circuit Court of Australia could be designed to the government Court. The one who appeals is known as the ‘appellant’. However, it is important to note that all decisions may be appealed.
Committal Hearing:
This is a hearing of all the evidence that props up charge within the lower court by the magistrate who decides if there is sufficient evidence for that case to go to trial. In some committal hearings, there could be witnesses that are required to provide evidence.
Complainant:
This is actually the saying used in court to consult the victim from the crime committed.
Defendant:
This is actually the saying used in court to consult the one that has been charged with a criminal offence. This term is interchangeable with ‘the accused’.
Deposition:
This is a typed copy from the evidence recorded in court.
Exhibits:
All evidence (aside from evidence given by the witnesses) required to present the truth towards the court, for example photographs, clothing, documents or any other items that could be relevant to the truth.
Indictable Offence:
A serious Criminal lawyers Brisbane which is commonly heard inside a higher court before the court along with a jury. Less serious indictable offences, referred to as summary offences, are often heard inside a Local Court.
Indictment:
This is a formal written accusation charging a person with an offence which is intended to be tried inside a higher court.
Jurisdiction:
This is actually the extent of legal authority/power from the Court to use the law. As an example, in Australia the government Court has jurisdiction under greater than 150 Acts from the Commonwealth Parliament.
Mediation:
This is a process whereby a neutral vacation, referred to as mediator, assists in bringing about a compromise or agreed settlement without requiring your decision of a Court.
Plaintiff:
This is actually the saying used to consult anyone or party who initiates a civil action. Put simply, this can be the person or party who brings an instance from the defendant, and seeks punishment for that person or those who committed the crime.
Plea:
This is where the accused person (the defendant) tells legal court whether they are guilty or not doing the charge against them. If your accused pleads guilty, a trial is not going to take place and also the case proceeds to some sentencing hearing, which determines the punishment for that crime.
Subpoena:
A subpoena compels each side somebody at a trial so that you can testify and/or produce documents. This is a order from the court, and if it is disobeyed, the disobedient person could possibly be in contempt of court.
Voir Dire:
This is a legal argument about the admissibility of a certain piece of evidence in court. In the case that this argument should occur, the witness and also the jury are sent of court until it finishes.
In case you have any queries regarding a criminal charge in Brisbane, please don’t hesitate to make contact with us. Right here at Guest Lawyers, we specialize in criminal law and will be happy that may help you with any queries or concerns. Goal to provide honest, respectful and simple to be aware of legal services so that you can reduce the stress related to your litigation.
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