The Australian judicial system is rife with extremely specialised terminology that most people might have trouble understanding. So when you, or someone close to you has become confronted with a criminal charge, it’s vital that you see the legal terminology which is likely to appear in legal documents and after a trial. Here we’ve provided a summary of many of the more confusing terms and definitions often used in the Australian criminal justice system.

Acquittal:
This term can be used in the event the magistrate, jury or appeal court see that a person is innocent of the charges against him/her.
Affidavit:
A written declaration made under oath before a notary public or other authorised officer. The one who has written the declaration claims that the contents are, towards the best of their knowledge, true.
Appeal:
To create an appeal is usually to require a case to a higher court in order to challenge a choice produced by a lower court or tribunal. For instance, an appeal from the decision of the Federal Circuit Court of Australia could be created to the government Court. The individual that appeals is known as the ‘appellant’. However, it’s important to note that all decisions could be appealed.
Committal Hearing:
This can be a hearing of all of the evidence that supports the charge from the lower court by the magistrate who decides when there is sufficient evidence for your case to venture to trial. In some committal hearings, there may be witnesses who will be needed to provide evidence.
Complainant:
This is the term used in court to consult the victim of the crime committed.
Defendant:
This is the term used in court to consult the individual that has been arrested for an offence. This term is interchangeable with ‘the accused’.
Deposition:
This can be a typed copy of the evidence recorded in court.
Exhibits:
All evidence (in addition to evidence given by the witnesses) needed to present the case towards the court, such as photographs, clothing, documents or some other items which could be relevant to the case.

Indictable Offence:
A critical Criminal lawyers Brisbane which is commonly heard within a higher court before the court as well as a jury. Less serious indictable offences, referred to as summary offences, usually are heard within a Local Court.
Indictment:
This can be a formal written accusation charging you are not an offence which is intended to be tried within a higher court.
Jurisdiction:
This is the extent of legal authority/power of the Court to make use of legislation. For instance, nationwide the government Court has jurisdiction under greater than 150 Acts of the Commonwealth Parliament.
Mediation:
This can be a process whereby a neutral third party, referred to as the mediator, aids in leading to a compromise or agreed settlement without requiring your choice of the Court.
Plaintiff:
This is the term used to consult the person or party who initiates a civil action. In other words, this is the person or party who brings in a situation against the defendant, and seeks punishment for your person or those who committed the crime.
Plea:
This is how the accused person (the defendant) tells the court whether they are guilty or not responsible for the charge against them. If the accused pleads guilty, a shot will not likely take place and the case proceeds to a sentencing hearing, which determines the punishment for your crime.
Subpoena:
A subpoena compels the look of somebody at the trial in order to testify and/or produce documents. This can be a court order, of course, if it’s disobeyed, the disobedient person could possibly be in contempt of court.
Voir Dire:
This can be a legal argument regarding the admissibility of the certain bit of evidence in court. In the event that this argument should occur, the witness and the jury are sent of court until it finishes.

For those who have any queries regarding a criminal charge in Brisbane, please don’t hesitate to get hold of us. Right here at Guest Lawyers, we specialize in criminal law and would be more than pleased to assist you with any queries or concerns. The purpose to offer honest, respectful and straightforward to comprehend legal services in order to reduce the stress related to your litigation.
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