The Australian judicial system is rife with extremely specialised terminology that a lot of people may have trouble understanding. Then when you, or someone in your area has been up against a criminal charge, it’s important to view the legal terminology that’s more likely to come up in legal documents and throughout a trial. Here we’ve provided a directory of a few 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 realize that a person is not liable in the charges against him/her.
Affidavit:
A written declaration made under oath before a notary public or other authorised officer. The individual who has written the declaration claims that the contents are, for the best their knowledge, true.
Appeal:
To create an appeal is usually to have a case to a higher court in order to challenge a decision made by a lower court or tribunal. For instance, an appeal from a decision in the Federal Circuit Court of Australia might be made to the Federal Court. The person who appeals is recognized as the ‘appellant’. However, it is important to note that all decisions might be appealed.
Committal Hearing:
This is a hearing of all of the evidence that supports the charge from the lower court by way of a magistrate who decides if you have sufficient evidence for the case to visit trial. In most committal hearings, there could be witnesses who are necessary to provide evidence.
Complainant:
This is actually the saying used in the court to refer to the victim in the crime committed.
Defendant:
This is actually the saying used in the court to refer to the one who is being involved in a criminal offence. This term is interchangeable with ‘the accused’.
Deposition:
This is a typed copy in the evidence recorded in the court.
Exhibits:
All evidence (besides evidence provided by the witnesses) necessary to present true for the court, like photographs, clothing, documents or another goods that might be highly relevant to true.
Indictable Offence:
A critical Brisbane criminal lawyers that’s commonly heard inside a higher court before a judge along with a jury. Less serious indictable offences, termed as summary offences, are often heard inside a Local Court.
Indictment:
This is a formal written accusation charging you are not an offence that’s intended as tried inside a higher court.
Jurisdiction:
This is actually the extent of legal authority/power in the Court to make use of legislation. For instance, australia wide the Federal Court has jurisdiction under more than 150 Acts in the Commonwealth Parliament.
Mediation:
This is a process whereby a neutral 3rd party, referred to as mediator, assists in contributing to an agreement or agreed settlement without requiring the decision of an Court.
Plaintiff:
This is actually the saying used to refer to anybody or party who initiates a civil action. Quite simply, this can be the person or party who brings in a situation contrary to the defendant, and seeks punishment for the person or people who committed the crime.
Plea:
This is how the accused person (the defendant) tells a legal court whether or not they are guilty or otherwise accountable for the charge against them. If the accused pleads guilty, an effort will not likely happen and also the case proceeds to a sentencing hearing, which determines the punishment for the crime.
Subpoena:
A subpoena compels the appearance of somebody with a trial in order to testify and/or produce documents. This is a order from the court, if it is disobeyed, the disobedient person may be in contempt of court.
Voir Dire:
This is a legal argument concerning the admissibility of an certain bit of evidence in the court. In the case that this argument should happen, the witness and also the jury are mailed of court until it finishes.
In case you have 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 could be happy that will help you with questions or concerns. The purpose to supply honest, respectful and easy to comprehend legal services in order to lessen the stress associated with your litigation.
For more details about Brisbane criminal lawyers browse our web page: visit site