The Australian legal system is rife with extremely specialised terminology that many people might have trouble understanding. When you, or someone in your area has become up against a criminal charge, it’s crucial that you view the legal terminology that is certainly likely to appear in legal documents and after a trial. Here we’ve provided a listing of some of the more confusing terms and definitions often used in the Australian criminal justice system.
Acquittal:
This term is utilized once the magistrate, jury or appeal court find that you were not liable of the charges against him/her.
Affidavit:
A written declaration made under oath before a notary public or any other authorised officer. The individual that has written the declaration claims that the contents are, to the best of their knowledge, true.
Appeal:
To create an appeal would be to please take a case to a higher court as a way to challenge a decision produced by less court or tribunal. By way of example, an appeal coming from a decision of the Federal Circuit Court of Australia could be created to the government Court. The one who appeals is termed the ‘appellant’. However, it’s worth noting that doesn’t all decisions might be appealed.
Committal Hearing:
This is a hearing of all of the evidence that props up the charge in the lower court by way of a magistrate who decides if you have sufficient evidence for your case to venture to trial. In certain committal hearings, there might be witnesses who are needed to provide evidence.
Complainant:
This is the expression used in the courtroom to refer to the victim of the crime committed.
Defendant:
This is the expression used in the courtroom to refer to the one that has been arrested for an offence. This term is interchangeable with ‘the accused’.
Deposition:
This is a typed copy of the evidence recorded in the courtroom.
Exhibits:
All evidence (apart from evidence furnished by the witnesses) needed to present the case to the court, like photographs, clothing, documents or some other things that could be relevant to the case.
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 usually heard within a Local Court.
Indictment:
This is a formal written accusation charging you are not an offence that is certainly intended as tried within a higher court.
Jurisdiction:
This is the extent of legal authority/power of the Court to apply the law. By way of example, around australia the government Court has jurisdiction under more than 150 Acts of the Commonwealth Parliament.
Mediation:
This is a process whereby an impartial vacation, called the mediator, assists with bringing about a compromise or agreed settlement without requiring the choice of an Court.
Plaintiff:
This is the expression used to refer to anybody or party who initiates a civil action. Quite simply, this can be the person or party who brings an incident contrary to the defendant, and seeks punishment for your person or those who committed the crime.
Plea:
This is where the accused person (the defendant) tells a legal court whether they are guilty or not doing the charge against them. When the accused pleads guilty, a trial is not going to take place as well as the case proceeds to a sentencing hearing, which determines the punishment for your crime.
Subpoena:
A subpoena compels the appearance of an individual in a trial as a way to testify and/or produce documents. This is a order from the court, if it’s disobeyed, the disobedient person could be in contempt of court.
Voir Dire:
This is a legal argument concerning the admissibility of an certain bit of evidence in the courtroom. In the case that this argument should take place, the witness as well as the jury are mailed of court until it finishes.
In case you have any queries regarding a criminal charge in Brisbane, please don’t hesitate to contact us. Only at Guest Lawyers, we concentrate on criminal law and can be delighted to help you with any queries or concerns. The purpose to offer honest, respectful and simple to know legal counsel as a way to decrease the stress related to your litigation.
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