The Australian courts is rife with extremely specialised terminology that a majority of people could have trouble understanding. So when you, or someone in your area continues to be facing a criminal charge, it’s vital that you comprehend the legal terminology which is likely to show up in legal documents and within a trial. Here we’ve provided a listing of some of the more confusing terms and definitions often found in the Australian criminal justice system.
Acquittal:
This term is employed once the magistrate, jury or appeal court see that you were innocent from the charges against him/her.
Affidavit:
A written declaration made under oath before a notary public or other authorised officer. The individual that has written the declaration claims that the contents are, on the better of their knowledge, true.
Appeal:
To make an appeal would be to please take a case into a higher court in order to challenge a decision created by a lesser court or tribunal. For example, an appeal from a decision from the Federal Circuit Court of Australia may be made to the Federal Court. The one who appeals is termed the ‘appellant’. However, it can be worth noting that not all decisions may be appealed.
Committal Hearing:
It is a hearing of all the so-called evidence that props up charge within the lower court with a magistrate who decides when there is sufficient evidence for that case to go to trial. In a few committal hearings, there could be witnesses who are forced to provide evidence.
Complainant:
Here is the saying used problem to refer to the victim from the crime committed.
Defendant:
Here is the saying used problem to refer to the person who has been faced with a criminal offence. This term is interchangeable with ‘the accused’.
Deposition:
It is a typed copy from the evidence recorded problem.
Exhibits:
All evidence (apart from evidence given by the witnesses) forced to present the situation on the court, including photographs, clothing, documents or another items that may be tightly related to the situation.
Indictable Offence:
A critical Brisbane lawyers which is commonly heard in a higher court before the court plus a jury. Less serious indictable offences, referred to as summary offences, are often heard in a Local Court.
Indictment:
It is a formal written accusation charging you are not an offence which is supposed to have been tried in a higher court.
Jurisdiction:
Here is the extent of legal authority/power from the Court to make use of what the law states. For example, australia wide the Federal Court has jurisdiction under over 150 Acts from the Commonwealth Parliament.
Mediation:
It is a process whereby an impartial third party, referred to as the mediator, assists with bringing about an agreement or agreed settlement without requiring the decision of the Court.
Plaintiff:
Here is the saying used to refer to the person or party who initiates a civil action. Put simply, here is the person or party who brings in a situation contrary to the defendant, and seeks punishment for that person or people who committed the crime.
Plea:
This is how the accused person (the defendant) tells a legal court whether are guilty you aren’t responsible for the charge against them. When the accused pleads guilty, a shot is not going to come about and also the case proceeds into a sentencing hearing, which determines the punishment for that crime.
Subpoena:
A subpoena compels the appearance of an individual with a trial in order to testify and/or produce documents. It is a order from the court, and if it can be disobeyed, the disobedient person could possibly be in contempt of court.
Voir Dire:
It is a legal argument concerning the admissibility of the certain part of evidence problem. In the event that this argument should take place, the witness and also the jury are sent of court until it finishes.
When you have questions regarding a criminal charge in Brisbane, please don’t hesitate to get hold of us. At Guest Lawyers, we focus on criminal law and can be more than pleased to help you with questions or concerns. The purpose to provide honest, respectful as well as simple to comprehend legal advice in order to lessen the stress associated with your litigation.
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