The Australian judicial system is rife with extremely specialised terminology that a lot of people might have trouble understanding. So when you, or someone in your area has become confronted with a criminal charge, it’s imperative that you see the legal terminology that is prone 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 used in the Australian criminal justice system.
Acquittal:
This term is employed when the magistrate, jury or appeal court realize that you were innocent from the charges against him/her.
Affidavit:
A written declaration made under oath before a notary public or any other authorised officer. The one who has written the declaration states that the contents are, to the best of their knowledge, true.
Appeal:
To generate an appeal is usually to require a case into a higher court so that you can challenge a conclusion produced by less court or tribunal. By way of example, an appeal from a decision from the Federal Circuit Court of Australia could be built to the government Court. The individual that appeals is called the ‘appellant’. However, it can be important to note that does not all decisions might be appealed.
Committal Hearing:
This is a hearing of all the evidence that sports ths charge within the lower court with a magistrate who decides when there is sufficient evidence for that case to venture to trial. In certain committal hearings, there may be witnesses that are forced to provide evidence.
Complainant:
This is actually the term used problem to consult the victim from the crime committed.
Defendant:
This is actually the term used problem to consult the one who will be arrested for a criminal offence. This term is interchangeable with ‘the accused’.
Deposition:
This is a typed copy from the evidence recorded problem.
Exhibits:
All evidence (besides evidence supplied by the witnesses) forced to present the case to the court, for example photographs, clothing, documents or another things that could be relevant to the case.
Indictable Offence:
A significant Criminal lawyers Brisbane that is commonly heard in a higher court before the court along with a jury. Less serious indictable offences, called summary offences, usually are heard in a Local Court.
Indictment:
This is a formal written accusation charging having it . an offence that is intended to be tried in a higher court.
Jurisdiction:
This is actually the extent of legal authority/power from the Court to utilize what the law states. By way of example, around australia the government Court has jurisdiction under more than 150 Acts from the Commonwealth Parliament.
Mediation:
This is a process whereby an impartial third party, called the mediator, assists in bringing about a compromise or agreed settlement without requiring the choice of the Court.
Plaintiff:
This is actually the term used to consult anybody or party who initiates a civil action. To put it differently, this is actually the person or party who brings an instance against the defendant, and seeks punishment for that person or individuals who committed the crime.
Plea:
This is how the accused person (the defendant) tells the judge whether or not they are guilty or otherwise not accountable for the charge against them. When the accused pleads guilty, a trial will not likely take place along with the case proceeds into a sentencing hearing, which determines the punishment for that crime.
Subpoena:
A subpoena compels the appearance of an individual at the trial so that you can testify and/or produce documents. This is a order from the court, and if it can be disobeyed, the disobedient person could possibly be in contempt of court.
Voir Dire:
This is a legal argument regarding the admissibility of the certain bit of evidence problem. In the case that this argument should occur, the witness along with the jury are sent of court until it finishes.
If you have questions regarding a criminal charge in Brisbane, please don’t hesitate to contact us. Only at Guest Lawyers, we focus on criminal law and will be happy that may help you with questions or concerns. Our aim is to offer honest, respectful and simple to know legal advice so that you can slow up the stress linked to your litigation.
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