The Australian legislation is rife with extremely specialised terminology that many people might have trouble understanding. While you, or someone close to you has been confronted with a criminal charge, it’s crucial that you see the legal terminology which is planning to surface in legal documents and after a trial. Here we’ve provided a listing of a few 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 realize that an individual is not guilty with 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, for the better of their knowledge, true.
Appeal:
To produce an appeal is always to have a case to a higher court in order to challenge a determination created by a lower court or tribunal. For example, an appeal from your decision with the Federal Circuit Court of Australia may be made to the Federal Court. The one that appeals is known as the ‘appellant’. However, it is important to note that does not all decisions could be appealed.
Committal Hearing:
This is the hearing of all of the evidence that props up charge from the lower court with a magistrate who decides if you find sufficient evidence for the case to go to trial. In most committal hearings, there can be witnesses who’re needed to provide evidence.
Complainant:
This can be the saying used problem to refer to the victim with the crime committed.
Defendant:
This can be the saying used problem to refer to the person who will be involved in a criminal offence. This term is interchangeable with ‘the accused’.
Deposition:
This is the typed copy with the evidence recorded problem.
Exhibits:
All evidence (aside from evidence furnished by the witnesses) needed to present the situation for the court, for example photographs, clothing, documents or any other items which may be highly relevant to the situation.

Indictable Offence:
A significant Brisbane criminal lawyers which is commonly heard in a higher court before the court along with a jury. Less serious indictable offences, termed as summary offences, are generally heard in a Local Court.
Indictment:
This is the formal written accusation charging a person with an offence which is intended as tried in a higher court.
Jurisdiction:
This can be the extent of legal authority/power with the Court to make use of the law. For example, in Australia the Federal Court has jurisdiction under more than 150 Acts with the Commonwealth Parliament.
Mediation:
This is the process whereby an impartial vacation, referred to as mediator, assists with bringing about a compromise or agreed settlement without requiring the decision of a Court.
Plaintiff:
This can be the saying used to refer to the individual or party who initiates a civil action. In other words, here is the person or party who brings in a situation contrary to the defendant, and seeks punishment for the person or individuals who committed the crime.
Plea:
This is when the accused person (the defendant) tells the judge whether they are guilty or otherwise not doing the charge against them. In the event the accused pleads guilty, an endeavor is not going to occur as well as the case proceeds to a sentencing hearing, which determines the punishment for the crime.
Subpoena:
A subpoena compels each side an individual at the trial in order to testify and/or produce documents. This is the court order, if it is disobeyed, the disobedient person may be in contempt of court.
Voir Dire:
This is the legal argument about the admissibility of a certain little bit of evidence problem. If this argument should occur, the witness as well as the jury are delivered of court until it finishes.

If you have any questions regarding a criminal charge in Brisbane, please don’t hesitate to get hold of us. Right here at Guest Lawyers, we specialise in criminal law and would be more than pleased to help you with any questions or concerns. Our aim is to supply honest, respectful and straightforward to know legal counsel in order to decrease the stress associated with your litigation.
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