The Australian legislation is rife with extremely specialised terminology that a majority of people might have trouble understanding. So when you, or someone near to you may be facing a criminal charge, it’s crucial that you view the legal terminology that is certainly prone to surface in legal documents and throughout a trial. Here we’ve provided a list of many 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 one is not liable of 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 states that the contents are, for the best their knowledge, true.
Appeal:
To generate an appeal would be to require a case to a higher court so that you can challenge a conclusion produced by a lesser court or tribunal. For instance, an appeal from a decision of the Federal Circuit Court of Australia may be built to the government Court. The one that appeals is known as the ‘appellant’. However, it really is important to note that does not all decisions could be appealed.
Committal Hearing:
It is a hearing of all the so-called evidence that props up charge from the lower court by the magistrate who decides if you find sufficient evidence to the case to venture to trial. In a few committal hearings, there may be witnesses who are needed to provide evidence.
Complainant:
This is the expression used problem to consult the victim of 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:
It is a typed copy of the evidence recorded problem.
Exhibits:
All evidence (aside from evidence given by the witnesses) needed to present the truth for the court, for example photographs, clothing, documents or other items that may be highly relevant to the truth.

Indictable Offence:
A life threatening Criminal lawyer Brisbane that is certainly commonly heard in the higher court before a judge along with a jury. Less serious indictable offences, termed as summary offences, are usually heard in the Local Court.
Indictment:
It is a formal written accusation charging having it . an offence that is certainly supposed to have been tried in the higher court.
Jurisdiction:
This is the extent of legal authority/power of the Court to utilize legislation. For instance, in Australia the government Court has jurisdiction under over 150 Acts of the Commonwealth Parliament.
Mediation:
It is a process whereby a neutral alternative party, known as the mediator, aids in contributing to an agreement or agreed settlement without requiring the decision of an Court.
Plaintiff:
This is the expression used to consult anybody or party who initiates a civil action. Put simply, this is the person or party who brings in a situation against the defendant, and seeks punishment to the person or individuals who committed the crime.
Plea:
This is how the accused person (the defendant) tells a legal court whether they are guilty or otherwise not doing the charge against them. In the event the accused pleads guilty, a trial will not likely happen as well as the case proceeds to a sentencing hearing, which determines the punishment to the crime.
Subpoena:
A subpoena compels each side a person in a trial so that you can testify and/or produce documents. It is a court order, if it really is disobeyed, the disobedient person could be in contempt of court.
Voir Dire:
It is a legal argument regarding the admissibility of an certain part of evidence problem. If this argument should happen, the witness as well as the jury are sent of court until it finishes.

In case you have any queries regarding a criminal charge in Brisbane, please don’t hesitate to call us. Right here at Guest Lawyers, we specialise in criminal law and would be happy to help you with any queries or concerns. Goal to supply honest, respectful and simple to know legal counsel so that you can reduce the stress connected with your litigation.
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