The Australian legal system is rife with extremely specialised terminology that most people might have trouble understanding. When you, or someone in the area continues to be up against a criminal charge, it’s vital that you comprehend the legal terminology that’s planning to surface in legal documents and throughout a trial. Here we’ve provided a directory of a number of the more confusing terms and definitions often used in the Australian criminal justice system.
Acquittal:
This term is employed once the magistrate, jury or appeal court realize that a person is innocent with the charges against him/her.
Affidavit:
An itemized declaration made under oath before a notary public or another authorised officer. The individual that has written the declaration claims that the contents are, on the better of their knowledge, true.
Appeal:
To produce an appeal would be to take a case with a higher court in order to challenge a decision created by a lower court or tribunal. For example, an appeal from the decision with the Federal Circuit Court of Australia could possibly be created to the Federal Court. The individual that appeals is recognized as the ‘appellant’. However, it’s worth noting that all decisions could be appealed.
Committal Hearing:
This is a hearing of all the so-called evidence that sports ths charge from the lower court with a magistrate who decides if you have sufficient evidence for your case to go to trial. In certain committal hearings, there can be witnesses who will be required to provide evidence.
Complainant:
Here is the saying used problem to consult the victim with the crime committed.
Defendant:
Here is the saying used problem to consult the person who will be charged with an offence. This term is interchangeable with ‘the accused’.
Deposition:
This is a typed copy with the evidence recorded problem.
Exhibits:
All evidence (besides evidence provided by the witnesses) required to present true on the court, like photographs, clothing, documents or another things that could possibly be tightly related to true.
Indictable Offence:
A life threatening Criminal lawyers Brisbane that’s commonly heard in a higher court before the court and a jury. Less serious indictable offences, known as summary offences, are generally heard in a Local Court.
Indictment:
This is a formal written accusation charging you are not an offence that’s should have been tried in a higher court.
Jurisdiction:
Here is the extent of legal authority/power with the Court to use legislation. For example, in Australia the Federal Court has jurisdiction under a lot more than 150 Acts with the Commonwealth Parliament.
Mediation:
This is a process whereby an impartial 3rd party, referred to as mediator, assists in causing a compromise or agreed settlement without requiring the decision of the Court.
Plaintiff:
Here is the saying used to consult the individual or party who initiates a civil action. Put simply, here is the person or party who brings a case contrary to the defendant, and seeks punishment for your person or those who committed the crime.
Plea:
This is when the accused person (the defendant) tells the judge whether are guilty or not doing the charge against them. If your accused pleads guilty, a shot won’t take place as well as the case proceeds with a sentencing hearing, which determines the punishment for your crime.
Subpoena:
A subpoena compels the look of a person at a trial in order to testify and/or produce documents. This is a court order, and if it’s disobeyed, the disobedient person may be in contempt of court.
Voir Dire:
This is a legal argument in regards to the admissibility of the certain part of evidence problem. In the case that this argument should occur, the witness as well as the jury are delivered 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 concentrate on criminal law and will be more than pleased to assist you with questions or concerns. Goal to supply honest, respectful and straightforward to understand legal services in order to lessen the stress linked to your litigation.
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