The Australian legal system is rife with extremely specialised terminology that a majority of people could possibly have trouble understanding. When you, or someone in the area has become confronted with a criminal charge, it’s vital that you view the legal terminology which is more likely to surface in legal documents and within a trial. Here we’ve provided a list of some of the more confusing terms and definitions often used in the Australian criminal justice system.
Acquittal:
This term is utilized when the magistrate, jury or appeal court see that an individual is simple 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 is to please take a case into a higher court in order to challenge a choice manufactured by a reduced court or tribunal. For instance, an appeal coming from a decision from the Federal Circuit Court of Australia could possibly be designed to the government Court. The individual that appeals is termed the ‘appellant’. However, it can be worth noting that not all decisions might be appealed.
Committal Hearing:
This can be a hearing of all of the evidence that props up charge within the lower court by way of a magistrate who decides if you have sufficient evidence to the case to visit trial. In a few committal hearings, there might be witnesses who’re required to provide evidence.
Complainant:
This is the expression used problem to consult the victim from the crime committed.
Defendant:
This is the expression used problem to consult the one who will be involved in a criminal offence. This term is interchangeable with ‘the accused’.
Deposition:
This can be a typed copy from the evidence recorded problem.
Exhibits:
All evidence (in addition to evidence supplied by the witnesses) required to present the situation on the court, such as photographs, clothing, documents or some other items which could possibly be strongly related the situation.
Indictable Offence:
A serious Criminal law firms Brisbane which is commonly heard in the higher court before a judge plus a jury. Less serious indictable offences, termed as summary offences, are generally heard in the Local Court.
Indictment:
This can be a formal written accusation charging a person with an offence which is supposed to have been tried in the higher court.
Jurisdiction:
This is the extent of legal authority/power from the Court to utilize the law. For instance, around australia the government Court has jurisdiction under greater than 150 Acts from the Commonwealth Parliament.
Mediation:
This can be a process whereby a neutral 3rd party, known as the mediator, assists in contributing to an agreement or agreed settlement without requiring your choice of the Court.
Plaintiff:
This is the expression used to consult the person or party who initiates a civil action. Quite simply, this is the person or party who brings an instance contrary to the defendant, and seeks punishment to the person or people who committed the crime.
Plea:
This is how the accused person (the defendant) tells the judge whether they are guilty or otherwise not responsible for the charge against them. If the accused pleads guilty, an endeavor won’t take place along with the case proceeds into a sentencing hearing, which determines the punishment to the crime.
Subpoena:
A subpoena compels the look of someone in a trial in order to testify and/or produce documents. This can be a court ruling, if it can be disobeyed, the disobedient person could be in contempt of court.
Voir Dire:
This can be a legal argument regarding the admissibility of the certain little bit of evidence problem. If this argument should happen, the witness along with the jury are mailed of court until it finishes.
If you have any queries regarding a criminal charge in Brisbane, please don’t hesitate to contact us. Here at Guest Lawyers, we concentrate on criminal law and will be happy to assist you with any queries or concerns. Our aim is to provide honest, respectful and straightforward to comprehend legal services in order to slow up the stress related to your litigation.
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