The Australian courts is rife with extremely specialised terminology that a lot of people might have trouble understanding. Then when you, or someone in your area continues to be faced with a criminal charge, it’s vital that you comprehend the legal terminology that is certainly likely to come up in legal documents and in a trial. Here we’ve provided a list of a number of the more confusing terms and definitions often utilized in the Australian criminal justice system.
Acquittal:
This term is used when the magistrate, jury or appeal court discover that a person is not liable in the charges against him/her.
Affidavit:
An itemized declaration made under oath before a notary public or any other authorised officer. The one who has written the declaration claims that the contents are, towards the better of their knowledge, true.
Appeal:
To produce an appeal is to require a case to a higher court as a way to challenge a determination produced by a reduced court or tribunal. As an example, an appeal from the decision in the Federal Circuit Court of Australia might be made to the government Court. The individual that appeals is recognized as the ‘appellant’. However, it can be worth noting that not all decisions can be appealed.
Committal Hearing:
This is a hearing of all of the evidence that props up charge in the lower court by the magistrate who decides if you find sufficient evidence to the case to attend trial. In a few committal hearings, there might be witnesses who are required to provide evidence.
Complainant:
Here is the expression used in the courtroom to consult the victim in the crime committed.
Defendant:
Here is the expression used in the courtroom to consult the individual that will be involved in an offence. This term is interchangeable with ‘the accused’.
Deposition:
This is a typed copy in the evidence recorded in the courtroom.
Exhibits:
All evidence (apart from evidence supplied by the witnesses) required to present the truth towards the court, like photographs, clothing, documents or another goods that might be relevant to the truth.
Indictable Offence:
A critical Criminal lawyer Brisbane that is certainly commonly heard within a higher court before a judge along with a jury. Less serious indictable offences, termed as summary offences, are often heard within a Local Court.
Indictment:
This is a formal written accusation charging a person with an offence that is certainly intended to be tried within a higher court.
Jurisdiction:
Here is the extent of legal authority/power in the Court to make use of regulations. As an example, in Australia the government Court has jurisdiction under more than 150 Acts in the Commonwealth Parliament.
Mediation:
This is a process whereby an impartial alternative party, referred to as mediator, aids in bringing about an agreement or agreed settlement without requiring your decision of an Court.
Plaintiff:
Here is the expression used to consult the individual or party who initiates a civil action. Put simply, this is actually the person or party who brings a case from the defendant, and seeks punishment to the person or those who committed the crime.
Plea:
This is how the accused person (the defendant) tells legal court if they are guilty or otherwise guilty of the charge against them. In the event the accused pleads guilty, an effort will not occur as well as the case proceeds to a sentencing hearing, which determines the punishment to the crime.
Subpoena:
A subpoena compels each side somebody at the trial as a way to testify and/or produce documents. This is a order from the court, of course, if it can be disobeyed, the disobedient person might be in contempt of court.
Voir Dire:
This is a legal argument regarding the admissibility of an certain piece of evidence in the courtroom. In the event that this argument should happen, the witness as well as 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. Only at Guest Lawyers, we specialize in criminal law and will be happy to help you with any queries or concerns. Goal to supply honest, respectful and easy to understand legal advice as a way to lessen the stress related to your litigation.
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