The Australian courts is rife with extremely specialised terminology that many people might have trouble understanding. When you, or someone near to you continues to be up against a criminal charge, it’s imperative that you comprehend the legal terminology that’s planning to show up in legal documents and in a trial. Here we’ve provided a directory of some of the more confusing terms and definitions often used in the Australian criminal justice system.
Acquittal:
This term is utilized in the event the magistrate, jury or appeal court find that you were simple with the charges against him/her.
Affidavit:
An itemized declaration made under oath before a notary public or any other authorised officer. The individual who has written the declaration states that the contents are, towards the best their knowledge, true.
Appeal:
To produce an appeal is to take a case to a higher court so that you can challenge a conclusion manufactured by less court or tribunal. For example, an appeal from your decision with the Federal Circuit Court of Australia may be built to the Federal Court. The individual that appeals is recognized as the ‘appellant’. However, it really is important to note that doesn’t all decisions can be appealed.
Committal Hearing:
It is a hearing of all the so-called evidence that sports ths charge within the lower court by the magistrate who decides if you have sufficient evidence for your case to visit trial. In a few committal hearings, there could be witnesses who’re forced to provide evidence.
Complainant:
This can be the term used in court to consult the victim with the crime committed.
Defendant:
This can be the term used in court to consult the one who has charged with a criminal offence. This term is interchangeable with ‘the accused’.
Deposition:
It is a typed copy with the evidence recorded in court.
Exhibits:
All evidence (in addition to evidence supplied by the witnesses) forced to present the situation towards the court, such as photographs, clothing, documents or some other goods that may be highly relevant to the situation.
Indictable Offence:
A life threatening Lawyers in Brisbane that’s commonly heard in a higher court before the court as well as a jury. Less serious indictable offences, referred to as summary offences, are generally heard in a Local Court.
Indictment:
It is a formal written accusation charging you are not an offence that’s intended to be tried in a higher court.
Jurisdiction:
This can be the extent of legal authority/power with the Court to utilize the law. For example, around australia the Federal Court has jurisdiction under over 150 Acts with the Commonwealth Parliament.
Mediation:
It is a process whereby a neutral third party, known as the mediator, assists with leading to a compromise or agreed settlement without requiring your decision of an Court.
Plaintiff:
This can be the term used to consult the person or party who initiates a civil action. Quite simply, here is the person or party who brings an incident from the defendant, and seeks punishment for your person or individuals who committed the crime.
Plea:
This is where the accused person (the defendant) tells legal court whether or not they are guilty or otherwise guilty of the charge against them. When the accused pleads guilty, a shot is not going to happen and also the case proceeds to a sentencing hearing, which determines the punishment for your crime.
Subpoena:
A subpoena compels each side a person at the trial so that you can testify and/or produce documents. It is a order from the court, and when it really is disobeyed, the disobedient person could possibly be in contempt of court.
Voir Dire:
It is a legal argument in regards to the admissibility of an certain part of evidence in court. In the event that this argument should occur, the witness and also the jury are sent out of court until it finishes.
If you have any questions regarding a criminal charge in Brisbane, please don’t hesitate to make contact with us. Here at Guest Lawyers, we specialize in criminal law and can be happy to assist you with any questions or concerns. Goal to supply honest, respectful and easy to know legal services so that you can lessen the stress associated with your litigation.
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